K.Aravind Vs The Director of Town and Country Planning — Writ and Judicial Review | Madras HC (2025)

K.Aravind Vs The Director of Town and Country Planning — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed: the reservation of the Scheme Road area in S.No.116/6B, Uthangudi Village, in Uthangudi South Detailed Development Plan No.3 declared lapsed and the land deemed released from reservation per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, with the above observations; no costs.

Issue for consideration

Whether the reservation of the area shown for Scheme Road in S.No.116/6B, Uthangudi Village, Madurai East, in the Uthangudi South Detailed Development Plan No.3 has lapsed and the land is deemed released under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, given that no declaration under sub-section (2) of Section 37 was published and no acquisition took place within three years of the Gazette notice under Sections 26 or 27.

Court's answer

Applying Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, since no declaration under sub-section (2) of Section 37 was published and no acquisition of the land took place within three years of the Gazette notice under Sections 26 or 27, and no such acquisition has taken place till date, the land reserved as Scheme Road in Uthangudi South Detailed Development Plan No.3 is deemed to have been released from reservation.

Ratio / Principle

The Court relied on its consistent line of decisions holding that reservations of land under detailed development plans stand deemed lapsed where not acted upon, noting this position was affirmed in W.P.(MD)No.3937 of 2024 (B.Manikandan) and W.P.(MD)No.22577 of 2024 (E.Deepa).

Detailed headnote1 paragraphs

Town and Country Planning — Tamil Nadu Town and Country Planning Act, 1971, Section 38 — Deemed release of reserved land. Land in S.No.116/6B, Uthangudi Village, Madurai East was shown as Scheme Road in the Uthangudi South Detailed Development Plan No.3. The second respondent's communication, produced through the learned Special Government Pleader, confirmed that the land was not acquired within five years of publication of the plan and that there was no proposal to develop it. Relying on Section 38 — under which land reserved under a detailed development plan is deemed released where, within three years of the Gazette notice under Sections 26 or 27, no declaration under sub-section (2) of Section 37 is published and the land is not acquired — and following the consistent line of decisions of this Court (including W.P.(MD)No.3937 of 2024, B.Manikandan, and W.P.(MD)No.22577 of 2024, E.Deepa), the Court held the reservation deemed lapsed and the land deemed released. Writ Petition allowed; no costs. (Single Judge: C.Saravanan, J.; decided 22.08.2025.)

W.P(MD)No.22953 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P(MD)No.22953 of 2025

K.Aravind ... Petitioner

Vs.

1.The Director of Town and Country Planning, Office of the Directorate of Town and Country Planning,

Second, Third and Fourth Floor, C and E Market Road, Koyambedu, Chennai- 600 107.

2.The Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

3.The Commissioner, Madurai Corporation, Madurai. ...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring that the reservation of area shown for scheme Road situate in S.No.116/6B at Uthangudi Village, Madurai East in the Uthangudi South Detailed Development Plan No.3 as lapsed and deemed to be released as per Section 38 of the Town and Country Planning Act 1971.

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W.P(MD)No.22953 of 2025

For Petitioner : Mr.K.K.Udayakumar For R1 & R2 : Mr.D.Ghandiraj Special Government Pleader For R3 : Mr.S.Vinayak Standing Counsel

ORDER

Mr.D.Ghandiraj, learned Special Government Pleader takes notice for

the respondents 1 and 2 and Mr.S.Vinayak, learned Standing Counsel takes notice for the third respondent.

The learned Special Government Pleader submits that there is no proposal to develop the land pursuant to the Uthangudi South Detailed Development Plan No.3. The statement made by the learned Special Government Pleader for the respondents 1 and 2 is recorded.

The learned Special Government Pleader for the respondents 1 and 2 has also produced a copy of communication received from the second respondent. The content of which reads as under:

“jpU. K.Aravind > kJiu vd;gtuhy; njhlug;gl;l nrd;id

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W.P(MD)No.22953 of 2025

cah;ePjpkd;wk; kJiu fpis tof;F WP(MD)No.22953 of 2025- y; 02-tJ gpujpthjpahf cjtp ,af;Feiu Nrh;f;fg;gl;Ls;sJ. 20.07.2020 Kjy; efh; Cuikg;G kJiu kz;ly efh; Cuikg;G mYtyfk; kw;Wk; kJiu cs;Sh; jpl;lf;FOkk; mYtyfk; xUq;fpizj;J kWrPuikf;fg;gl;L kJiu khtl;l efh; Cuikg;G mYtykhf nray;gLfpwJ. Nkw;gb mYtyfj;jpw;F cjtp ,af;Feh; / cWg;gpdh; nrayh; (ngh) mYtyuhf epakdk; nra;ag;gl;Ls;sJ.

nrd;id cah;ePjkd;wk; kJiu fpis tof;F WP(MD)No.22953 of 2025 d; petitioner's affidavit ghprPyf;fg;gl;ljpy; jpU. K.Aravind > vd;gtUf;F nrhe;jkhd rh;Nt vz;. 116/6B, cj;jq;fFb fpuhkk;> kJiu khefuhl;rp> kJiu fpof;F tl;lk;> kJiu khtl;lj;jpy; mikfpwJ. Nkw;fz;l kDjhuuJ ,lk; xg;Gjyspf;fg;gl;l cj;jq;Fb njw;F tphpT mgptpUj;jp jpl;lk; vz;.3y; Detailed Development Plan Scheme Road Mf cj;Njrpf;fg;gl;Ls;sJ. mikfpwJ. vdNt kDjhuuJ kikaplj;jpid cj;jq;Fb tphpT mgptpUj;jp jpl;lk; vz;.3 xg;Gjyspf;fg;l;ljpypUe;J 5 tUlq;fSf;Fs; epyk; ifafg;gLj;jhjjhy; kDjhuh; kidaplj;jpy; Detailed Development Plan Scheme Road- ; Mf mikAk; ,lj;jpid kl;Lk; ePf;fk; nra;J jUkhW jpU.K.Aravind kJiu vd;gtuhy; nrd;id cah;ePjpkd;wk; kJiu fpisapy; tof;F njhlug;gl;Ls;sJ.

Tamil Nadu Town and Country Planning Act, 1971 (In Act 35 of 1974) Release of Land tpjp-d; gb 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 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. Tamil Nadu Town and Country Planning Act, 1971- d; gb xg;Gjyspf;fg;gl;l cj;jq;Fb njw;F tphpT mgptpUj;jp jpl;lk; vz;.3 jkpo;ehL murpjopy; gpuRuk; nra;ag;gl;l ehspypUe;J 5 tUlq;fSf;Fs; epyk; ifafg;gLj;jg;gltpy;iy ( Land Acquisition) vd;w tpguk;

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W.P(MD)No.22953 of 2025

rkh;g;gpf;fg;gLfpwJ.”

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.

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 Kochadai Detailed Development Plan No.7 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

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W.P(MD)No.22953 of 2025

Country Planning and another) . Accordingly, the land in question is deemed to have been released from reservation.

The Writ Petition stands allowed with the above observations. No

costs.

22.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn

To

1.The Director of Town and Country Planning, Office of the Directorate of Town and Country Planning, Second, Third and Fourth Floor, C and E Market Road, Koyambedu, Chennai- 600 107.

2.The Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

3.The Commissioner, Madurai Corporation, Madurai.

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C.SARAVANAN, J.

sn

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