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VIKRAM NATH, AHSANUDDIN AMANULLAH
Pradhan Babu – Appellant
Versus
Nachimuthu Nagar Kudiyiruppor Nala Sangam – Respondent
ORDER :
AHSANUDDIN AMANULLAH, J.
Heard learned counsel for the parties.
2. The present appeal arises from the Final Judgment and Order dated 24.01.2022 (hereinafter referred to as the “Impugned Order”), passed by a learned Single Judge of the High Court of Judicature at Madras (hereinafter referred to as the “High Court”) in S.A. No.794 of 2019, whereby the appeal filed by the respondents was allowed setting aside Judgment and Decree dated 25.04.2019 passed in A.S. No.71 of 2017 on the file of the Principal Sub-Court, Mayiladuthurai (hereinafter referred to as the “First Appellate Court”) and confirming Judgment and Decree, dated 13.09.2017, passed in O.S. No.265 of 2013 (hereinafter referred to as the “suit”) on the file of the Principal District Munsif Court, Mayiladuthurai (hereinafter referred to as the “Trial Court”).
A FACTUAL APPRECIATION:
3. For the creation of Nachimuthu Nagar, plots were formed in T.S. No.1000/1, & 2, 1002, 1003/1 & 2, 1004 of Thirumanjanaveethi, Koorainadu, Mayiladuthurai Town by one Nachimuthu Mudaliar. This was approved by the Regional Deputy Director of Town Planning, Thanjai, Trichy and the Municipal Commissioner, Mayiladuthurai. The layout was approved
The court ruled that property reserved for public purpose is deemed released from such reservation if not acquired within three years, allowing the original owner to transfer ownership.
Land reserved under planning laws is deemed released if not acquired within three years, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
Failure to acquire land within three years from the publication of a detailed development plan results in automatic release from reservation under Section 38 of the Tamil Nadu Town and Country Planni....
Failure to acquire land within three years from publication of a development plan results in deemed release from reservation under Section 38 of the Town and Country Planning Act, 1971.
The local body cannot assert ownership of property reserved for public purposes without clear documentary evidence proving title transfer; mere designation in a layout does not confer ownership right....
Failure to acquire land within three years under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
Land is deemed released from reservation if not acquired within three years as per Section 38 of the Town and Country Planning Act, 1971.
Failure to acquire land within three years from the publication of a detailed development plan results in automatic release from reservation under Section 38 of the Tamil Nadu Town and Country Planni....
Failure to acquire land within three years results in automatic release from reservation under Section 38 of the Town and Country Planning Act.
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