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Sureshchand Lalwani v. The Director Of Town and Country Planning

Town and Country Planning – Reservation under detailed development plan

Madras HC2 Feb 2026WP/301/2026

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Case brief

AI extract

What is this about?

Madras High Court, V. Lakshminarayanan J., W.P. No. 301 of 2026, dated 02.02.2026 — Lapse of land reservation under the Tamil Nadu Town and Country Planning Act (Sections 36, 37, 38) where no acquisition within three years of the 1994 detailed development plan; plots reserved for 40-feet road in Sai Lakshmi Nagar, Avaraipakkam Village, Tindivanam Taluk, Villupuram District; regularization granted 03.09.2018; RTI disclosure dated 19.11.2025; Section 38 automatically operates releasing reserved land; writ petition allowed, no costs.

What did the court decide?

Writ petition ordered; the reservation made in the 1994 detailed development plan declared deemed to have lapsed at the end of three years; no costs awarded. ¶46

Sureshchand Lalwani Vs The Director Of Town and Country… — Land Acquisition | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition ordered; the reservation made in the 1994 detailed development plan declared deemed to have lapsed at the end of three years; no costs awarded.

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Issue for consideration

Whether the reservation of the petitioners' plots for road formation under the 1994 detailed development plan lapsed because no acquisition took place within three years of notification of the plan, freeing the properties from the trappings of the development plan.

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Court's answer

On the instructions obtained from the Assistant Director, Villupuram, no acquisition has taken place for the property in question after the reservation in 1994.

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Ratio / Principle

Since nothing was done by the respondents to acquire the land after the 1994 reservation, Section 38 of the Town and Country Planning Act automatically operates and the property stands deemed released from the reservation under the detailed development plan.

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Key takeaways

The reservation made in the year 1994 is deemed to have lapsed at the end of three years, and the writ petition is ordered with no costs.ratio¶46

Detailed headnote1 paragraphs

Town and Country Planning — Reservation under detailed development plan — Petitioners owned plots in Sai Lakshmi Nagar, Avaraipakkam Village, Tindivanam Taluk, regularized on 03.09.2018, at which time a proposal for a 40-feet road over the plots was disclosed — Development plan of 1994 had set apart the plots for road formation — Instructions from the Assistant Director, Villupuram confirmed that no acquisition took place after the 1994 reservation — Under Section 36 the reservation is deemed for public purpose upon acquisition notification; Section 37 requires the authority to acquire within three years either under land acquisition law or by negotiation; Section 38 releases the land if no acquisition occurs — Since no acquisition was initiated, Section 38 automatically operated and the property stood deemed released — The 1994 reservation held deemed lapsed at the end of three years; writ petition ordered, no costs.

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W.P. No. 301 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.02.2026

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CORAM

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THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN

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W.P. No. 301 of 2026

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1. Sureshchand Lalwani

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S.Sunilkumar Lalwani

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Represented by their power of Attorney agent Mr.R.Kumar, Son of Mr.Raju Naiker, 4/8, Krishna Nagar 2^nd Street, Pammal, Chennai – 600 075. …Petitioners

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Vs.

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The Director of Town & Country Planning, Office of the Director of Town & Country Planning, 2^nd , 3^rd , 4^th Floors, C & E Market, Koyambedu, Chennai – 600 107.

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The Asst. Director of Town & Country Planning, Villupuram Region, TADCO Building, G.H.Road, Villupuram – 605 602.

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The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District – 604 001. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent authorities to grant regularization for Plot Nos.121, 122, 123, 127, 131, 133, 134 and 135,

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

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comprised in Sai Lakshmi Nagar, formed in Survey Nos. 58/7, 63/1, 63/2, 63/3, 63/4, 64/7B, 64/8, 64/10B, 66/1, 66/4, situated within the regularized layout of house-sites viz. Approval No.541/2018, Sai Lakhsmi Nagar, in Avaraipakkam Village, Tindivanam Taluk, Villupuram District as per petitioners’ original application in File No.665/2017 submitted by the petitioners in the office of the 2^nd respondent by acting upon the representation dated 25.11.2025, within a time to fixed by this Court.

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For Petitioners : Mr.S.Thanka Sivan For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader (for R1 & R2)

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Dr.T.Seenivasan, Special Government Pleader (for R3)

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O R D E R

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The petitioners are the owners of Plot Nos. 121, 122, 123, 127, 131,

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133, 134 and 135 of Sai Lakshmi Nagar, Avaraipakkam Village, Tindivanam Taluk, Villupuram District.

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2.Originally, the plots were unapproved and on application, regularization

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was granted on 03.09.2018. While granting approval, it was stated by the second respondent that there is a proposal for formation of a 40-feet road by a Local Planning Authorities over the aforesaid plot numbers.

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

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W.P. No. 301 of 2026

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The petitioner (Power of Attorney) states that in order to find out the proposal with respect to the formation of a road, he filed an application under the Right to Information Act. On 19.11.2025, he was informed that a development plan had been formed for in the area in the year 1994 and in the said development plans, the plots purchased by the petitioners had been set apart for the purpose of formation of the road. Pleading no further action had been initiated, invoking Section 38 of the Town and Country Planning Act, the petitioners are before this Court.

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4.According to them, as the acquisition has not taken place within a period of three years from the date of notification of the detailed development plan, the reservation lapses and their properties are free from the trappings of the development plan.

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5.When the matter came up for hearing, I requested Mr.L.S.M.Hasan Fizal to take notice on behalf of the respondents and get instructions as to whether any acquisition proceedings had taken place with respect to the plots in issue. After the matter had suffered with a couple of adjournments, he was successful to get instructions from the Assistant Director, Villupuram. The said instructions are scanned and extracted hereunder:-

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

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

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W.P. No. 301 of 2026

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A perusal of the same shows that no acquisition has been taken place for the property in question, post the reservation in the year 1994.

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6.In terms of the Town and Country Planning Act, it is open to a planning authority to reserve a particular area/plot for a particular purpose. As per Section 36, such reservation is deemed to be for public purpose, in the event of issuing of notification for acquisition of land under the appropriate Land Acquisition Act. As per section 37 of the Town and Country Planning Act, the Town and Planning Authority /Appropriate Authority, have to acquire the lands

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

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either by resorting to the land acquisition laws or by entering into negotiations with the land owners. The time period to do the needful is three years.

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7.Section 38 declares that, in case no acquisition takes place, as contemplated under Section 37 of the Town and Country Planning Act, the land is released from the reservation made under the detailed development plan.

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8.A perusal of the instructions shows that post the reservation in the year 1994, nothing has been done by the respondents to acquire the land. Hence, Section 38 automatically operates, and the property is deemed to be released from such reservation.

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9.Consequently, the writ petition is ordered. The reservation made in the year 1994 is deemed to have lapsed at the end of 3 years. No costs.

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02.02.2026

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Index: Yes/No Internet: Yest/No Speaking or Non-speaking order

Maya

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

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The Director of Town & Country Planning, Office of the Director of Town & Country Planning, 2^nd , 3^rd , 4^th Floors, C & E Market, Koyambedu, Chennai – 600 107. 2. The Asst. Director of Town & Country Planning, Villupuram Region, TADCO Building, G.H.Road, Villupuram – 605 602. 3. The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District – 604 001.

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

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W.P. No. 301 of 2026

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V.LAKSHMINARAYANAN, J.

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Maya

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W.P. No. 301 of 2026