2010 Supreme(SC) 810

Supreme Court of India
THE HONOURABLE MR. JUSTICE V.S. SIRPURKAR & THE HONOURABLE MR. JUSTICE CYRIAC JOSEPH
Pillayar P.K.V.K.N. Trust Thru Ramanathan
Versus
Karpaga N.N.U.S. Rep. by Secretary & Others
CIVIL APPEAL NOS. 7305-7306 OF 2010 (Arising out of SLP (C) Nos. 2575025751 of 2007)
Decided on : 01-09-2010

Headnote:(a) Town and country planning – State Government referring to High Court judgment and other materials – De-reserving the plots subject to handing over of all roads by the trust to Corporation – High Court erred in holding the Government’s order as illegal, vitiated by mala fides and in excess of powers of the Government. (Para 13, 14)

       (b) Tamil Nadu Town & Country Planning Act, 1971 – Section 38 – In absence of acquisition by agreement, plots in question would be deemed to be released. (Para 16)

       (2005) 11 SCC 222 – Relied upon

       (1991) 4 SCC 54; (2005) 3 SCC 61 – Distinguished

       (c) Madurai City Municipal Corporation Act, 1971 – Section 250(2) – Requiring reservation of 10% of the lay-out for the common purpose in addition to the area provided for laying out streets – Trust already reserving 21 acres for the purpose – Also gifted the roads to Corporation – Reference to section 250(2) by High Court uncalled for, more so when not finding place in questions posed by High Court. (Para 18, 19)

       (d) Administration of Justice – Judicial propriety – High Court comparing section 37 and 38 of Tamil Nadu Town and Country Planning Act and section 250 of Madurai Corporation Act – Not required in instant case – Section 250 not applicable – Land got released in terms of section 38 – Could not be then taken away on spacious plea under Section 250 of the Madurai Corporation Act. (Para 20, 21)

       (e) Town and Country Planning – Plan LP MR 1/75 already cancelled way back in 1982 – Could not be revived – Impugned judgment not sustainable. (Para 25, 26)

       Facts of the case:

       The appellant is a Trust formed in the year 1924 to look after religious and secular activities of Pillayarpatti Koil situated at Pillayarpatti and for the welfare of Nagarathar community. The Trust acquired properties in Tallakulam village in Madurai District including lands in S. No. 92, 94, 120 to 126, 130 to 133, 176/1 and 178. These properties were sub-divided into 910 plots and they are named as Karpaga Nagar. The Trust thereafter prepared a detailed layout plan for the entire extent of 76.12 acres in all, in which the provision was made for 60 feet, 50 feet and 40 feet roads. The road area was to the extent of about 21 acres. This layout plan was submitted to Tallakulam Town Panchayat which was the appropriate authority in the year 1972. This layout plan was approved by Tallakulam Town Panchayat. Pursuant thereto, majority of the plots were sold by the Trust retaining about 40 plots for its use.

       The said Tallakulam Town Panchayat along with other Town Panchayats merged with Madurai City Municipal Corporation on 30.1.1974 and, therefore, the laws applicable to Madurai Corporation were made applicable to Tallakulam. The Madurai Corporation insisted to revalidate the plan. The Trust again applied for revalidation of the original plan in 21/72. Plan No.1/75 showed 40 plots as reserved for school.

       The detailed development plan including the lands covered by the appellant’s layout plan was approved. In this plan the area relating to the 40 plots which were retained by the appellant Trust, was demarcated and shown as residential area. The Deputy Director, Regional Town & Country Planning, informed the Corporation of Madurai that plan No.1/75 may be treated as cancelled and plan No.12/80 alone would be valid.

       Thereafter the proposal of the Trust to make some constructions in plot No.342 was approved by Madurai Corporation. However, fresh application for putting up construction in plot No. 276 and 369 was rejected on the ground that this area was reserved for public purpose of putting up school building.

       The appellant filed a Writ Petition. The High Court allowed this petition and held that the rejection of the plan was illegal. It was, however, made clear by the High Court that the applications could be rejected only if this area comprising of 40 plots was in the meantime classified as `reserved for the public purposes’ in the detailed development plan.

       The appellant thereafter applied for approval of plan in respect of four other plots bearing No.326, 331, 336 and 340 of the layout plan. However, the Corporation rejected the said application on the ground that the plots were forming part of the area reserved for construction of a school and hence the application for construction could not be allowed. The representation thereagainst was accepted by the State Government. Permission was accorded to de-reserve 2.5 acres of land earmarked for school in the approved layout LP/MR 1/75 in T.S. No.92/94 etc. and it was held that the same would be deemed to be residential area in Madurai Corporation subject to the condition that all the roads in the layout area should be handed over to the Madurai Corporation by Pillayarpatti Karpaga Vinayagar Koil Nagarthar Trust.

       The High Court set aside that order and directed that reserved area shown in the earlier plan LP/MR 1/75 cannot be used for any other purpose other than public purpose. The High Court, however, made an exception in case plots 276 and 369.

       Finding of the Court:

       Impugned judgment cannot be sustained.

       Result:

       Writ Petition filed by the respondent is directed to be dismissed with cost.