Allowed¶46

S.Babu v. the Secretary

Tamil Nadu Town and Country Planning Act, 1971 – Sections 36, 37 and 38 – lapse of reservation for scheme road

Madras HC5 Nov 2025WP/34763/2025

Download

Case brief

AI extract

What is this about?

Madras High Court, WP No. 34763 of 2025 (V. Lakshminarayanan J., 05-11-2025): declaration under Article 226 that reservation of land for 15 meter Scheme Road E1 in Tiruppur Detailed Development Plan No.5 Part II lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 due to non-acquisition within the three-year window under Section 37; keywords: lapse of reservation, scheme road, Section 36/37/38 TN TCP Act, Detailed Development Plan, Tiruppur Local Planning Authority, release of reserved land.

What did the court decide?

Declaration that the reservation made over the petitioner's property for Scheme Road E1 is deemed to have lapsed; writ petition ordered with no costs. ¶46

S.Babu Vs the Secretary — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

Declaration that the reservation made over the petitioner's property for Scheme Road E1 is deemed to have lapsed; writ petition ordered with no costs.

¶46

Issue for consideration

Whether the reservation made over the petitioner's land for formation of the 15 meter Scheme Road E1 in Detailed Development Plan No.5 Part II has lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 for want of acquisition. +1 more

¶18

Court's answer

Since no acquisition proceedings took place and the three-year period under Section 37 had lapsed as early as 2011, Section 38 of the Act, 1971 automatically applies and it is declared that the reservation made over the petitioner's property for Scheme Road E1 is deemed to have lapsed.

¶41

Ratio / Principle

Once a notification is issued under Section 36 of the Act, 1971, the area reserved is deemed required for a public purpose; under Section 37 the local planning authorities have three years to negotiate and purchase the property or resort to compulsory acquisition; if Section 37 is not resorted to within three years, the reservation lapses by virtue of Section 38 and the property stands released from such reservation.

¶39

Detailed headnote1 paragraphs

Tamil Nadu Town and Country Planning Act, 1971 — Sections 36, 37 and 38 — lapse of reservation for scheme road — Petitioner purchased 1526 sq.mts in Thottipalayam Village, Tiruppur, reserved in Detailed Development Plan No.5 Part II (operative from 2005) for a 15 Meter Scheme Road E1 — Land never acquired under Section 37 nor under the Land Acquisition Act, 1894 or the 2013 Act — Held: authorities have three years from notification under Section 36 to negotiate/purchase or compulsorily acquire; on failure, the reservation lapses by virtue of Section 38 and the property stands released — Three-year period having expired as early as 2011 and no acquisition having been initiated even after the 2008 Modified Master Plan, reservation over the petitioner's land declared deemed to have lapsed — Writ petition ordered without costs.

¶1

WP No. 34763 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05-11-2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

¶6

WP No. 34763 of 2025

¶7

S.Babu

¶8

Petitioner(s)

¶9

¶10

The Secretary Housing And Urban Development Department, Fort St. George Chennai 05

¶11

2.The Director Of Town And Country Planning Office Of The Directorate Of Town And Country Planning , 2nd, 3rd And 4th Floor , C And E Market Koyambedu Chennai 107

¶12

3.The Member Secretary Tiruppur Local Planning Authority, District Town And Country Planning Authority, 1st Floor Kumaran Commercial Complex Tiruppur 641 602

¶13

4.The Deputy Director District Town And Country Planning Authority, 1st Floor Kumaran Commercial Complex Tiruppur 641 601

¶14

5.The Commissioner Tiruppur City Municipal Corporation, Tiruppur District

¶15

Respondent(s)

¶16

https://www.mhc.tn.gov.in/judis

¶17

WP No. 34763 of 2025

¶18

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that the reservation made in respect of formation of 15 meter road- E1 in the land totally measuring 1526 square meters comprising of 62 square meters in T.s No. 21 of Block No. 51, 22 square meters in TS No. 22 of Block No. 51,87 square meters in TS No. 23 of Block No.51 and 1355 square meter in TS No. 1 of Block No. 50 all situated in Ward G of Thottipalayam Village, Tiruppur North taluk, Tiruppur disrict and forming part of Tiruppur Local planing area Map No. 2 Detailed Development plan No. 5 Part II Approved under Section 29 of the Tamil Nadu Town and Country planning Act 1971 to have lapsed in view of Section 38 of the Tamil Nadu Town and Country Planning Act 1971.

¶19

For Petitioner(s): P.S.Prabu

¶20

For Respondent(s): Mr.L.S.M.Hasan Faizal, Agp Takes Notice For R1 To R4 Mr.Abishek Moorthy Takes Notice For R5

¶21

ORDER

¶22

The petitioner is the owner of a land measuring 1526 sq.mts, comprising

¶23

of 62 sq.mts, in T.S.No.21 of Block No.51, 22 sq.mts in T.S.No.22 of Block

¶24

No.51, 87 sq.mts in T.S.No.23 of Block No.51 and 1355 sq.mts in T.S.No.1 of

¶25

Block No.50, all situated in Ward G of Thottipalayam Village, Tiruppur North

¶26

Taluk, Tiruppur District. The petitioner obtained title over the said property by

¶27

way of a sale deed dated 30.07.2025, registered as Document No.7117 of 2025,

¶28

in the office of the Sub-Registrar, Joint I, Tiruppur.

¶29

https://www.mhc.tn.gov.in/judis

¶30

WP No. 34763 of 2025

¶31

2.The area of purchase was a subject matter of Tirupur Local Planning Area in Map No.2, Detailed Development Plan No.5 Part II and a 15 Meter Scheme Road – E1 has been proposed in the above said land in the said Detailed Development Plan. The Detailed Development Plan came into operation during the year 2005. The lands of the petitioner, which were reserved for formation of the Scheme Road, has also not been acquired till date under Section 37 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as 'the Act, 1971'). The petitioner alleges that no acquisition, either under the Land Acquisition Act, 1894 or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was initiated by the respondents. It is submitted by the petitioner that after a lapse of 20 years, no steps have been taken by the authorities to implement the same. Hence, relying upon Section 38 of the Act, 1971, the petitioner seeks for a declaration that the lands are deemed to have been released from the public purpose contemplated under Section 36 of the Act, 1971.

¶32

https://www.mhc.tn.gov.in/judis

¶33

WP No. 34763 of 2025

¶34

3.When the matter came up for admission, Mr.L.S.M.Hasan Fizal, learned

¶35

Additional Government Pleader, took notice for the respondents 1 to 4. On instructions, he reports that pursuant to the notification of the Modified Master

¶36

Plan in 2008, no steps have been initiated to acquire the land.

¶37

4.Once a notification is issued under Section 36 of the Act, 1971, then the

¶38

Town and Country Planning Act deems the area reserved as being required for public purpose. Under Section 37 of the Act, 1971, the local planning authorities have a period of three years, to either negotiate and purchase the property, or resort to compulsory acquisition and take over the title of the same. In case, the resort to Section 37 of the Act is not adopted within a period of

¶39

three years, then the reservation, by virtue of Section 38 of the Act, 1971, is deemed to have lapsed and the property stands released from such reservation.

¶40

5.As Mr.L.S.M.Hasan Fizal states that, since no acquisition proceedings

¶41

have taken place, Section 38 of the Act, 1971 automatically applies, as three years period had lapsed as early as 2011. Consequently, it is declared that the

¶42

reservation made over the petitioner's property for scheme Road E1 is deemed

¶43

https://www.mhc.tn.gov.in/judis

¶44

WP No. 34763 of 2025

¶45

to have lapsed.

¶46

6.In view of the above, the writ petition stands ordered. No costs.

¶47

05-11-2025