Madras High Court
S.Palanivelu vs The Director on 12 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.21803 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.21803 of 2024
and
W.M.P.(MD)No.18424 of 2024
1.S.Palanivelu
2.M.Sirajudeen
3.P.Ansar Ali ...Petitioners
-vs-
1.The Director,
Directorate of Tamil Nadu Town and Country Planning,
Nos.2, 3 & 4th Floor,
CMDA Office Compound,
E & C Market Road, Koyambedu,
Chennai-98.
2.The Deputy Director of Town and Country Planning,
Local Planning Authority,
Sivagangai Region, Sivagangai District.
3.The Assistant Director of Town and Country Planning,
Local Planning Authority,
Pudukkottai District,
Pudukkottai.
4.The Commissioner,
Aranthangi Municipality,
Pudukkottai. ...Respondents
1/9
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.21803 of 2024
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Declaration that the reservation
made in respect of the petitioner's house site situated in T.S.No.2/1,
T.S.No.2/6 (New T.S.No.02/13) and T.S.No.2/7, Block No.32, Ward
No.C of Aranthangi Municipality, Pudukkottai District, measuring about
an extent of 4401 Sq. Mt of land forming part of Aranthangi Detailed
Development Plan Part - I vide No.D.D.P/R (S.R) No.2/1991, dated
25.08.1991 have lapsed in the light of Section 38 of the Tamil Nadu
Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 3, 1972)
and for other reliefs.
For Petitioners : Mr.J.Lawrance
For R1 to R3 : Mr.D.Gandhiraj
Special Government Pleader
For R4 : Mr.S.Kameswaran
Standing Counsel
ORDER
This writ petition has been filed to declare the reservation made in respect of the petitioner's house site forming part of Aranthangi Detailed Development Plan Part - I vide No.D.D.P/R (S.R) No.2/1991, dated 25.08.1991 have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
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2.Mr.D.Gandhiraj, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.S.Kameswaran, learned Standing Counsel takes notice for the fourth respondent.
3.By consent of both parties, this writ petition is taken up for final disposal.
4.It is the contention of the writ petitioner that 'C4-C4' 40 feet road scheme was announced by the State to Aranthangi Municipality, which was approved by the first respondent vide proceedings in No.D.D.P/R (S.R) No.2/1991, under Section 25 of the Tamil Nadu Town and Country Planning Act, 1971, numbered as Code No.3401 under Aranthangi Detailed Development Plan Part – I. The subject land had not been acquired till date and the same remain under the petitioner's possession and enjoyment. Hence, it is his contention that as per Section 37 of Tamil Nadu Town and Country Planning Act, 1971, the planning authority devise any plan at the disposal of any private person required for any purpose for detailed development plan, same can be acquired by the State 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21803 of 2024 Government by invoking the provision of the Land Acquisition Act, 1894. Whereas, Section 38 of the said Act contemplates, if such acquisition is not made within a period of three years from the date of publication of the detailed development plan, the land will be deemed to have been released from such reservation from the detailed development plan. Hence, according to him, no such acquisition has been made within a period of three years, hence, the writ petition.
5.In fact, the very same issue came up for consideration in the earlier Writ Petition in W.A.No.6188 of 2023, wherein this Court by an order dated 02.03.2023 has held as under:
“The main issue that has been urged before this Court is that the proceedings in No.D.D.P/R (S.R) No.2/1991, under Section 25 of the Tamil Nadu Town and Country Planning Act, 1971, has lapsed as per Section 38 of the Tamil Nadu Town and Country Planning Act, since the land has not been acquired within a period of three years from the date of approval vide proceedings in No.D.D.P/R (S.R) No.2/1991.
6. It is not necessary for this Court to dwell much on the entire allegation in the Writ Petition, since for the very same detailed development scheme, a Division Bench of this Court in W.A (MD) No. 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21803 of 2024 485 of 2020 has held that the scheme had lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act. The relevant portions in the judgment are extracted hereunder :-
?”11. As rightly pointed out by the learned counsel appearing for the respondents/writ petitioners that the counter affidavit proceeds on the merits of the claim and in no way deal with deemed lapse and in the considered opinion of this Court, the learned Judge, on correct appreciation of facts and by applying the legal position as enumerated in the above said judgment, allowed the writ petition. This Court, on going through the reasons assigned in the impugned order, is of the considered view that there is no infirmity or error apparent on the face of the record for the reason assigned by the learned Single Judge for allowing the writ petition and finds that the writ appeal lacks merits.
12. It is also brought to the knowledge of this Court that the writ appeal filed by the official respondents in WA(MD) No.340 of 2020, against the order dated 27.02.2017 in W.P.(MD) No.14456 of 2014 was also dismissed on 02.03.2020.?”
6.This Court has consistently held that if the land has not been acquired within a period of three years from the date of publishing the detailed development plan in the Government Order, the concerned lands shall be deemed to be released from such reservation. It will be beneficial to provide the details of the cases, wherein this Court had reached such a conclusion :
1. M.Amsavalli v. Director of Town and Country Planning reported in (2017) 2 CWC 418.5/9
https://www.mhc.tn.gov.in/judis W.P.(MD) No.21803 of 2024
2. RM.Shanmuganathan v. Director of Town and Country Planning reported in (2018) 2 CWC 20.
3. W.P.(MD) No.5652 of 2019 (LKS Mohammed Meera Mohaideen v. Director of Town and Country Planning)
4. W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another v. Muthu and others) and
5. W.P.(MD) No.166 of 2021 (Nagendran v. The Director of Town and Country Planning).
Section 38 of the Tamilnadu Town and Country Planning Act reads as follows :
38. 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.
7. In the present case, the detailed development plan was notified under Section 37 of the Act in the year 1992. However, the respondents failed to take any steps to acquire the land and therefore, by operation of Section 38, the reservation is released from the detailed plan.
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8. It is made clear that mere releasing of the lands, as per Section 38 will not bar the authorities to pass orders strictly in terms of the Rules. The lapse under Section 38 will not affect the Rule 4[5] of Tamil Nadu Regularization of Unapproved Layouts and Plot Rules, 2017.
9. However, it is admitted case that the land has not been acquired within a period of three years. In such view of the matter, as per Section 38 of the Tamil Nadu Town and Country Planning Act, the petitioner's land shall be released from the development plan. It is also made clear that in future, if the Government intends to acquire the land for any purpose, this order will not be a bar for the Government in view of the provision of Land Acquisition Act. Similarly, any application is filed or pending for regularization of unapproved layout, such application shall be dealt as per Tamilnadu Town and Country Planning Act, 1971, on its own merits, strictly in terms of the Rules.”
6.In view of the above said deliberations, this writ petition is allowed and the petitioner's land shall be released from the development plan. It is also made clear that in future, if the Government intends to acquire the land for any purpose, this order will not be a bar for the Government in view of the provision of Land Acquisition Act. Similarly, any application is filed or pending for regularization of unapproved 7/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21803 of 2024 layout, such application shall be dealt as per the Tamilnadu Town and Country Planning Act, 1971, on its own merits, strictly in terms of the Rules. No costs. Consequently, connected miscellaneous petition is closed.
12.09.2024 Index : Yes / No Internet : Yes / No ta To
1.The Director, Directorate of Tamil Nadu Town and Country Planning, Nos.2, 3 & 4th Floor, CMDA Office Compound, E & C Market Road, Koyambedu, Chennai-98.
2.The Deputy Director of Town and Country Planning, Local Planning Authority, Sivagangai Region, Sivagangai District.
3.The Assistant Director of Town and Country Planning, Local Planning Authority, Pudukkottai District, Pudukkottai.
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