The central legal point established in the judgment is the importance of adhering to the timelines and procedures specified in the land acquisition process under the Tamil Nadu Town and Country Planning Act, particularly emphasizing the consequences of non-compliance and the application of the deeming provision for the release of land from acquisition.

Heard both sides.

2. Thepetitioners are the owners of the land ad-measuring, an extent of 0.41 acres comprised in Survey No.R.S.No.66/5A2B, 66/5A2A & 66/4, Bye-Pass Road, Madurai, and they wanted to construct a building in that land. The petitioners submitted a plan for the construction of a hospital building, the 2nd respondent without approving the plan submitted by the petitioners returned the same on 02.06.2009 on the ground that lands for which the approval is sought for comes within the ambit Ponmeni DD Plan No.III AA Scheme Road and the same has not been removed by the Town & Country Plan Authority and therefore, approval cannot be granted.

3. It is submitted by the learned counsel appearing for the petitioners that the first respondent conceived a plan for the Ponmeni Part-III Extension Development Scheme, under which 100 Feet AA Scheme Road was also proposed and the Local Planning Authority passed the Resolution No.962, dated 27.09.1990 and the same was notified in the District Gazette on 10.01.1991 and the notification was also published in the Dina Thanthi Daily, dated 15.01.1991.

4. Accordingto the learned counsel appearing for the petitioners though the notification was published in the District Gazette in the year 1991, the respondents have not taken any action, to purchase or acquire the land, for the purpose of the scheme road in accordance with Section 27(i) of the Tamil Nadu Town & Country Planning Act, 1971.

5. It is further submitted by the learned counsel appearing for the petitioners that after the publication in the District Gazette and the local newspaper, the Authority must invite objections and suggestions, in writing, from any person in respect of the said plan, within the period specified in the notice and after the expiry of the period given in that notification, the Local Planning Authority shall allow a reasonable opportunity of being heard to any person and shall submit the plan with or without modification to the Government as per the Section 26 of the said Act. Thereafter the Government may approve the plan with such modification has deemed it as per Section 28 of the Act.

6. Further the entire process of acquisition shall be completed within a period of three years and if no declaration under section 27(2) was not made within a period of three years for the purpose of acquisition of the land, the Government shall release the land. Hence, it was argued by the learned counsel appearing for the petitioners that from 1991, nothing has been done by the respondents either to acquire the land or to pass any declaration and on the other hand, when the petitioners submitted a plan, the 2nd respondent passed the impugned order by the proceedings, dated 05.06.2009 rejecting the approval of the plan on the ground that 100 Feet AA Scheme Road in Ponmeni Part-III Extension Development Scheme is not removed in the sketch by the Town Planning Authority and the land comes within the road area and therefore, no approval can be granted for the construction of the building in the place ear-marked as 100 feet AA Scheme Road. The said order is challenged in this writ petition.

7. Mr. Pala Ramasamy, the learned Special Government Pleader appearing for the respondents 1 and 3 filed a detailed counter affidavit and submitted that the petitioners property situate in R.S.No.66/4pt, 5A2A, 5A2Bpt is lying in the approved Ponmeni Detailed Development Plan No.III in which, it is proposed a 100 feet "AA Road" and during the preparation of the D.D. plan, the petitioners never gave any objection or suggestion to the notifications and as the acquisition process involves huge fund, the Local Planning Authority was not in a position to acquire the land immediately and as and when the land owners in the concerned area seeks for approval for their lands, the required portion of land in the proposed scheme road would be acquired by way of gift deed and the proposed road would be formed gradually.

8. It is further