The Madras High Court held that land reserved under a Detailed Development Plan is deemed released if not acquired within three years. Applying Section 38 of the TN TCP Act 1971, the court declared the reservation lapsed as no acquisition occurred.
Respondents to release the petitioner's land deemed released due to lapsed reservation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.29388 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2024
CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.29388 of 2024
A.Mathewo
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare the reservation made in respect of the petitioner land situated at Ward. av KOTTAPATTU(P), Block No. 02, Trichirappalli Corporation Kottapattu Village, (*)Old S.F.No. 140/1D, and New T.S.No. 20/2 to an extent of 9217 sq.fts out of total extent 18566 sq.fts, forming part of Tiruchirappalli Local Planning Area Golden Rock Detailed Development Plan No. 3 (Map No. 4 and 5) DDP(TR)/DTCP No. 20/2005 dated 16.09.2005 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act https://www.mhc.tn.gov.in/judis 1971, within a period that may be stipulated by this Hon'ble High Court.
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For Petitioner : Mr.K.Viralinathan
W.P.(MD)No.29388 of 2024
For Respondents : Mr.S.Kameshwaran
Government Advocate
ORDER
The prayer in the Writ Petition reads as follows:-
“declare the reservation made in respect of the petitioner land situated at Ward. av KOTTAPATTU(P), Block No. 02, Trichirappalli Corporation Kottapattu Village, Old S.F.No. 20/2, and New T.S.No. 140/1D to an extent of 9217 sq.fts out of total extent 18566 sq.fts, forming part of Tiruchirappalli Local Planning Area Golden Rock Detailed Development Plan No. 3 (Map No. 4 and 5) DDP(TR)/DTCP No. 20/2005 dated 16.09.2005 has been lapsed in the light of Section 38 of Tamil Nadu Town and Country Planning Act 1971 within a period that may be stipulated by this Court.”
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate and the learned senior counsel appearing for the respondents and carefully perused the entire materials available on record.
4. The matter in hand is no more res integra and this Court in another case in
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W.P.(MD)No.29388 of 2024
W.P.(MD)No.20277 of 2024, dated 23.09.2024, has already passed favourable order
to the petitioner therein and the relevant portion of the same is extracted as follows:-
“5. It is relevant to extract Sections 37 and 38 of the Act for easy
reference:~
'37.Power to purchase or acquire lands specified in the development plan.~
(1)Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, any land is required, reserved or designated in such plan, the appropriate planning authority may, either enter into agreement with any person for the acquisition from him by purchase of any land which may be acquired under section 36 or make an application to the Government for acquiring such land under the Land Acquisition Act, 1894 (Central Act I of 1984):
Provided that if the value of such land exceeds fifty thousand rupees the appropriate planning authority shall not enter into such agreement without the previous approval of the Government.
(2) On receipt of an application made under subsection (1), if the Government are satisfied that the land specified in the application is needed for the
public purpose specified therein, they may make a declaration to that effect in the
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W.P.(MD)No.29388 of 2024
Tamil Nadu Government Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section 6 of the said Act:
Provided that no such declaration in respect of any particular land covered by a notice under section 26 or section 27 shall be made after the expiry of three years from the date of such notice.
(3) On the publication of such declaration, the Collector of the district within whose jurisdiction the land is situate, shall proceed to take order for the acquisition of such land under the said Act; and the provisions of that Act shall, so far as may be, apply to the acquisition of the said land with the modification that the market value of the land shall be the market value prevailing on the date of publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27, as the case may be.
38. Release of land.~ If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27~
(a) no declaration as provided in sub~section (2) of section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in
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W.P.(MD)No.29388 of 2024
a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or
(b)such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.'
6. A perusal of the above Sections make it very clear that within three years from the date of publication of the notice, if no acquisition of land is made in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice, such land shall be deemed to be released from such reservation, allotment or designation. Though the proviso also enables the Government to issue notification extending the period, till date, no such notification has been issued.”
5. Fully fortified by the aforesaid order, this Court is of the considered view that the land belonging to the petitioner has not been acquired so far, within the mandatory period as required by Sections 37 and 38 of the Tamil Nadu Town and Country Planning Act, 1971. Such land shall be deemed to be released from such reservation. The respondents shall release the land of the petitioners, if no such notification is issued sofar.
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W.P.(MD)No.29388 of 2024
order as to costs.
Sd/-
06/12/2024
(*)Corrected as per this order of this court dated 17.02.2025 made in WMP(MD) Nos.14 & 43 of 2025 in W(MD) Nos.29387 & 29388 of 2024.
Sd/-
Assistant Registrar()
// True Copy //
/02/2025 Sub Assistant Registrar (CS- I/ II / III / IV)
Sm
(*)To be substituted the order already despatched on 06.02.2025.
TO :-
Chennai – 600 107.
No.11, Kajamalai Main Road, https://www.mhc.tn.gov.in/judis Thamarai Nagar, Kajamalai Colony,
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W.P.(MD)No.29388 of 2024
Trichy, Thiruchirapalli District.
+1 CC to M/s.K.VIRALINATHAN, Advocate ( SR-71412[F] dated 06/12/2024 )
+1 CC to M/s.SPL.GP ( SR-72175[F] dated 09/12/2024 )
Order made in W.P.(MD)No.29388 of 2024 Dated:06.12.2024
BV (05/02/2025) 7P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
KVL (21.02.2025) 7P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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2 issues framed by the court
Whether the reservation of petitioner land under the Detailed Development Plan lapsed due to non-acquisition within the statutory period.
Whether adverse notification was issued to extend the three-year period for land acquisition.
Colour shows how this judgement treated each authority
W.P.(MD)No.20277 of 2024, dated 23.09.2024Followed¶26
1 provisions across 1 enactments
A.Mathewo
Director, O/o. Town and Country Planning
Joint Director / Member Secretary, Town and Country Planning, Trichy Region
L Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
L Victoria Gowri
Parties & counsel
