Madras High Court
R. Jeyapal vs Sattur Municipality Rep. By Its ... on 3 March, 2004
Author: P.D. Dinakaran
Bench: P.D. Dinakaran
ORDER P.D. Dinakaran, J.
1. When the petitioner submits a plan for approval to the first respondent for constructing shopping complex in S.No.177/5 at Sattur Village, Virudhunagar District, the same was rejected by the first respondent in his proceedings dated 27.01.2003.
2. Aggrieved by the proceedings of the first respondent dated 27.01.2003, the petitioner has filed this writ petition for issuance of a Writ of Certiorarified Mandamus, to call for the records and to quash the same and also for a direction to the first respondent to grant planning permission to the petitioner.
3. Mr. D. Rajagopal, learned counsel appearing for the petitioner contends that the refusal of approval for construction of the shopping complex by the first respondent in the impugned proceedings is illegal and arbitrary in view of Section 38 of the Tamil Nadu Town and Country Planning Act (hereinafter referred to as "the Act")
4. According to learned counsel for the petitioner, in the instant case, even though there was a master plan, proposed to be approved by the second respondent, the lands which are covered under the scheme for formation of the scheme road are not acquired by any competent authority within a period of three years from the date of publication of the scheme and therefore the impugned proceedings are liable to be quashed.
5. For better appreciation, Section 38 of the Act reads as follows:-
"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 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. Concededly, in the instant case, the respondents have not acquired the lands for the formation of the scheme road till date and therefore, the lands in question are deemed to be released from the reservation of the scheme road. Consequently, there cannot be any lawful objection for granting approval to the plan for constructing shopping complex in S.No.177/5 at Sattur Village, Virudhunagar District.
7. Mr. V.Subbarayan, learned Special Government Pleader placing reliance on the proceedings of the Commissioner of Town and Country Planning, Chennai dated 02.03.2004 addressed to the Commissioner, Sathur Municipality / first respondent herein fairly submits that the Commissioner of Town and Country Planning, Chennai has already given clearance to the first respondent municipality for sanctioning the plan as the land in question got released from the scheme and undertakes that the first respondent municipality shall pass appropriate orders, approving the building permission sought for by the petitioner.
8. Therefore, except to record the statement of Mr.V.Subbarayan, learned Special Government for the respondents and to direct the first respondent to grant planning permission to the petitioner, no further orders are necessary in this writ petition.
9. The writ petition is disposed of accordingly. No costs.