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K.Jamuna Begam v. The Director

Madras HC10 Jun 2025WP(MD)/15509/2025

Case brief

AI extract

What is this about?

Lapse of land reservation under Section 38, Tamil Nadu Town and Country Planning Act, 1971; deemed release of land reserved under a detailed development plan where no Section 37(2) declaration published within three years and no acquisition; Pandamangalam Detailed Development Plan No.03, Thiruchirapalli Local Planning Area; writ of declaration under Article 226; Madurai Bench, W.P.(MD)No.15509 of 2025, C.Saravanan J., 10.06.2025; relied on W.P.(MD)No.3937 of 2024 (B.Manikandan, 21.02.2024) and W.P.(MD)No.22577 of 2024 (E.Deepa, 24.09.2024); relevant to landowners/advocates seeking declarations that DDP reservations have lapsed for want of acquisition.

What did the court decide?

Writ Petition allowed with the observation that the petitioner's land is deemed to have been released from reservation under the Detailed Development Plan; no costs.

K.Jamuna Begam Vs The Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed with the observation that the petitioner's land is deemed to have been released from reservation under the Detailed Development Plan; no costs.

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Issue for consideration

Whether the reservation of the petitioner's land under the Thiruchirapalli Local Planning Area Pandamangalam Detailed Development Plan No.03 has lapsed / is deemed released under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, given that no declaration under Section 37(2) was published within three years and no acquisition has taken place.

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Court's answer

Under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, if within three years from publication of the Gazette notice under Sections 26/27 no declaration under sub-section (2) of Section 37 is published in respect of land reserved, allotted or designated under a regional plan, master plan, detailed development plan or new development plan, such land is deemed released from reservation unless it has been acquired.

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Ratio / Principle

In the present case, no acquisition of the land reserved under the Detailed Development Plan has taken place till date.

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Key takeaways

Consistently with a series of prior judgments of this Court (including W.P.(MD)No.3937 of 2024 and W.P.(MD)No.22577 of 2024), the reservation made in respect of the petitioner's land under the aforementioned Detailed Development Plan is deemed to have lapsed, and the land in question is deemed to have been released from reservation.ratio¶26

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), C.Saravanan J. (10.06.2025): Held that the reservation of the petitioner's land (extent 1 Acre 17 Cents, Old S.F.No.139/2 / New T.S.No.16/2, Ward-1 Pandamangalam, Ko.Abhisekapuram Zone, Thiruchirappalli City Corporation) under the Thiruchirapalli Local Planning Area Pandamangalam Detailed Development Plan No.03 (DDTP(V)/DTCP/No.24/2008, dated 09.2008) is deemed to have lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, since no declaration under Section 37(2) was published within three years of the Gazette notice under Sections 26/27 and no acquisition had taken place. The Special Government Pleader recorded that there is no proposal to develop the land. Position taken as affirmed in W.P.(MD)No.3937 of 2024 (B.Manikandan) and W.P.(MD)No.22577 of 2024 (E.Deepa). Writ Petition allowed; no costs.

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W.P.(MD)No.15509 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD)No.15509 of 2025

K.Jamuna Begam

... Petitioner

-vs-

1.The Director, O/o. Town and Country Planning, 2^nd , 3^rd and 4^th Floor, C Market Road, Koyambedu, Chennai 600 107.

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2.The Joint Director / Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirapalli District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the reservation made in respect of the petitioner's land situated Thiruchirappalli West, Thiruchirappalli City Corporation - Ko.Abhisekapuram Zone, Ward - 1 Pandamangalam, Block – 10, Old S.F.No. 139/2, New T.S.No.16/2 to an extent of 1 Acre and 17 Cents from Thiruchirapalli Local Planning Area Pandamangalam Detailed Development Plan No.03 (Map Nos.4 and 5) DDTP(V)/DTCP/No.24/2008 dated - 09.2008, has been lapsed in

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

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W.P.(MD)No.15509 of 2025

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the light of Section 38 of Tamil Nadu Town and Country Planning Act, 1971 within the period that may be stipulated by this Court.

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For Petitioner : Mr.K.Viralinathan

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For Respondents : Mr.D.Ghandiraj Special Government Pleader

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ORDER

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Mr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents and submits that there is no proposal to develop the land pursuant to the Thiruchirapalli Local Planning Area Pandamangalam Detailed Development Plan No.3. The statement made by the learned Special Government Pleader for the respondents is recorded.

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2 . That apart, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, if within three years from the date of publication of the notice in the Tamil Nadu Government Gazette under Section 26 or 27 of the said Act, no declaration as provided under sub-section (2) of Section 37 of the said Act is published in respect of any land reserved, allotted, or designated for any purpose specified in a regional plan, master plan, detailed development plan, or new development plan covered by such notice, such land shall be deemed to have been released from reservation unless it has been acquired.

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Page 2 of 4

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

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W.P.(MD)No.15509 of 2025

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3 . In the present case, no such acquisition has taken place till date. In a series of judgments of this Court, it has been consistently held that the reservation made in respect of land under the aforementioned Detailed Development Plan is deemed to have lapsed. This position has been affirmed in W.P.(MD)No.3937 of 2024 , dated 21.02.2024 ( B.Manikandan vs. The Director, Town and Country Planning and another ) and W.P.(MD)No . 22577 of 2024 , dated 24.09.2024 ( E.Deepa and others vs. The Director of Town and Country Planning and another ). Accordingly, the land in question is deemed to have been released from reservation.

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4 . The Writ Petition stands allowed with the above observation. No costs.

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NCC : Yes / No 10.06.2025 Index : Yes / No smn2 To:1.The Director, O/o. the Town and Country Planning, 2^nd , 3^rd and 4^th Floor, C Market Road, Koyambedu, Chennai 600 107.

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2.The Joint Director / Member Secretary, Town and Country Planning, Trichy Region, No.11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Trichy, Thiruchirapalli District.

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Page 3 of 4

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

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W.P.(MD)No.15509 of 2025

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C.SARAVANAN, J.

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smn2

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W.P.(MD)No.15509 of 2025