The main legal point established in the judgment is that under the Tamil Nadu Town and Country Planning Act, 1971, if no steps are taken for acquiring the property within the stipulated period, the property is deemed to be released from such reservation.

The writ petition is filed challenging the order of the first respondent dated 09.01.2003, by which the representation of the petitioners to allot the "open space", came to be rejected with direction to take steps to execute gift deed in favour of the Municipality from the owners.

2. The petitioners are stated to be the joint owners of the property comprised in Old Survey No.589 (Part), present T.S.No.132 of Ward D, Block No.30 of Aruppukottai Town. The first and second petitioners have obtained their undivided 1/3rd share each under the sale deed dated 210. 1980 and 16.02.1983 respectively and the third and fourth respondents got the remaining undivided one third share each by succession. As stated by the petitioners, the said lands along with the other adjacent lands were covered by North-East Extension Town Planning Scheme Part II, Aruppukottai, sanctioned in G.O.Ms.No.434 LA dated 02.03.1969 under Section 14(3) of the Madras Town Planning Act,1920 (Madras Act VII of 1920 – in short referred to as "Act VII of 1920") and published as per the said provisions of the Act.

2(a). As per the said Act, immovable property required for the Scheme can be acquired under the Land Acquisition Act, 1894 (in short, "the Act") and any Notification issued under Section 14 of Act VII of 1920, is deemed to be a declaration given under Section 6 of the Act. According to the petitioners, as per Act VII of 1920, if within three years from the Notification under Section 14, the lands are not acquired, the same shall cease to have the effect of declaration under the Land Acquisition Act and it is deemed to be no acquisition. According to the petitioners there was no acquisition proceedings taken after the Notification issued under Section 14(3) dated 02.03.1969.

2(b). The Tamil Nadu Town and Country Planning Act, 1971, which has replaced the Madras Town Planning Act, 1920 specifically states that any action taken under the previous Act are deemed to be the action taken under the new Act. Therefore, as stated by the petitioners, the Notification detailed in Town Planning Scheme under Section 14

(3) of Act VII of 1920 dated 02.03.1969 is equivalent to the Notification of the Detailed Development Plan under Section 27 of the Tamil Nadu Town and Country Planning Act, 1971. The new Act also contain a provision for acquisition similar to Section 6 of the Land Acquisition Act and also contain a clause that after expiry of three years, the same will have no effect.

2(c). According to the petitioners, even after the new Act has come into effect, no step has been taken, therefore, there is no declaration of acquisition subsisting in respect of the above said land. Therefore, according to the petitioners, the Notification issued under Act VII of 1920 dated 02.03.1969, is deemed to have not been in existence, and therefore, the purchase and inheritance made by the petitioners are legally valid and they are deemed to be the owners and according to the petitioners they are in joint possession of the property. In view of the same, the portions ear-marked as "open space" under the old Scheme has come to an end. The petitioners wanted to develop the said land and hence they jointly applied to the second respondent on 01.03.1999, through the first respondent for change of use of the land covered by the said Town Planning Scheme.

2(d). By the impugned order dated 09.01.2003, the first respondent has rejected the application of the petitioners, the petitioners have filed W.P.No.23214 of 2003 for Mandamus directing the respondents to cancel or revoke the reservation of the lands for "open space", which was subsequently dismissed as withdrawn on 21.08.2003 by an order of this Court, giving liberty to the petitioners to file fresh writ petition challenging the order of the first respondent dated 09.01.2003. Accordingly, the present writ petition is filed.

2(e). According to the petitioners, similar reliefs have been granted by this Court in other cases, viz.,