Non-completion of acquisition proceedings within the stipulated time under Sec.38 of the Act leads to the lapse of reservation made in the detailed development plan.

The writ petition has been filed to declare the reservation made in respect of the petitioner's land in survey No.24/2C, Ward No.25, Sirudhur Village, Madurai North Taluk, Madurai in the Sirudhur detailed development plan part (III) to have lapsed in light of Sec.38 of the Tamil Nadu Town and Country Planning Act, 1971 (TNACT 35 of 1974).

2. The case of the petitioner is that he owned a property to an extent of 2 Acres and 72 cents in Survey No.24/2C at Sirudhur Village, Madurai North Taluk, Madurai District, through a gift deed, dated 09.12.2013 and since then, he has been in possession and enjoyment of the same.

3. The petitioner would state that pursuant to the resolution passed by the 2nd respondent, during the year 1999, the 1st respondent approved the detailed development plan and the land of the petitioner in Survey No.24/2C has been reserved for a scheme road. The said detailed development plan was also published in the gazette in the year 1999.

4. The petitioner seeks declaration on the ground that the respondents have not initiated proceedings and acquired the land of the petitioner under section 37 of the Act, within a period of three years and therefore, the entire proceedings are deemed to be lapsed.

5. The learned Special Government Pleader appearing for the respondents would submit that the land was originally acquired by the respondents in the year 1999. However, till date, the petitioner has not made any representation to the planning authority or the appellate authority regarding the de-reservation of portion of the public purpose. She further submitted that now steps are taken to acquire the land by the Executive Authority and the land once earmarked for public purpose, nobody will have any right over the same. Hence, the writ petition is liable to be dismissed.

6. Mr.M.Mahaboob Athiff, learned counsel appearing for the petitioner, by placing reliance on the decision of this court reported in 2008(2) MLJ 184 (K.S.Kamakshi Chetty and others vs. Commissioner, Aruppukottai Municipality, Aruppukottai and another) and CDJ 2017 (MHC) 2551 (P.Babu vs. The Director, Town & Country Planning, Chennai and another) would contend that when no steps have been taken for acquiring the lands within a period of three years and when the land was earmarked for the public purpose as per notification, the property would be deemed to have been released from the reservation under Section 38 of the Act.

7. Heard both sides and perused the materials available on record.

8. Sections 37 and 38 of the Tamil Nadu Town and Country Planning Act, 1971 read as follows:-

“37. Power to purchase or acquire lands specified in the development plan.- (1) Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, any land is required, reserved or designated in such plan, the appropriate planning authority may, either enter into agreement with any person for the acquisition from him by purchase of any land which may be acquired under section 36 or make an application to the Government for acquiring such land under the Land Acquisition Act, 1894 (Central Act I of 1984):

Provided that if the value of such land exceeds fifty thousand rupees the appropriate planning authority shall not enter into such agreement without the previous approval of the Government.

(2) On receipt of an application made under sub-section (1), if the Government are satisfied that the land specified in the application is needed for the public purpose specified therein, they may make a declaration to that effect in the Tamil Nadu Government Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section 6 of the said Act:

Pr