Private land reserved for public purpose must be acquired within three years of the development plan's publication, as per the Tamil Nadu Town and Country Planning Act 1971.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.21326 of 2017, dated 21.12.2018.)

S.S. Sundar, J.

This Writ Appeal is directed against the order passed by the learned Single Judge of this Court in W.P.(MD)No.21326 of 2017, dated 17.07.2018.

2. The following facts are not in dispute:

2.1. The respondents / writ petitioners purchased a property measuring to an extent of 21 cents in S.No.101/5 in Kochadai Village, Madurai West Taluk, Madurai District. The property purchased by the writ petitioners has been shown in the Detailed Development Plan, as a land reserved for public purpose. It is also admitted that the Detailed Development Plan was published in the Government Gazette in 2005, though it was approved in the year 1999.

3. It is open to the Town and Country Planning Authority to prepare a Detailed Development Plan or a master plan or any other plan under the Tamil Nadu Town and Country Planning Act 1971 showing a private patta land, as a land reserved for a public purpose as part of any development plan or scheme. When private land is reserved for public purpose in the plan prepared by the Town and Country Planning Authorities, Sections 37 and 38 of Tamil Nadu Town and Country Planning Act will apply. If the land is reserved for a public purpose as per the development plan and the said land belongs to a private owner, the same has to be acquired within a period of three years from the date of publication of notice in the Government Gazette regarding preparation of Regional Plan or Master Plan or Detailed Development Plan, etc., as the case may be. If the land is not acquired following the procedure contemplated under Section 37 of the Act within three years, the land shall be deemed to be released and dereserved from such reservation as per Section 38 of the Tamil Nadu Town and Country Planning Act 1971. This position is well settled and the learned Judge has allowed the Writ Petition after referring to few precedents and Sections 37 and 38 of the Tamil Nadu Town and Country Planning Act 1971.

4. We find that the order of learned Single Judge is perfectly in order and therefore, this Writ Appeal is liable to be dismissed for want of merits. Accordingly, this Writ Appeal is dismissed and the order in W.P.(MD)No.21326 of 2017, dated 17.07.2018 is confirmed. No costs. Consequently, connected miscellaneous petition is closed.