The central legal point established is the application of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, in deeming the land released from reservation and designation if acquisition proceedings are not taken within three years.

JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to release the petitioners' land with an extent of 22208.5 Sq.Feet in Survey Numbers : 67/4A2, 4A3 and 4A4 earmarked for the Nangikottai Detailed Development Plan No.1 of Thanjavur Local Planning area as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.)

Heard the learned counsel on either side.

2. The petitioner claims to be the owner of the petition mentioned property. It was earmarked in Nangikottai Detailed Development Plan No.1, Thanjavur Local Planning area, for the purpose of park and road.

3. The gazette notification was published on 13.04.2005. As rightly pointed out by the learned counsel appearing for the petitioner within three years from the date of publication, acquisition proceedings must be taken. If such acquisition proceedings are not taken, the land is said to be deemed to have been released.

4. The petitioner's counsel draws my attention to Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and it reads as follows:-

38. Release of land “If within three years from the date of publication of the notice in the Tamil Nadu Government Gazette under Section 26 or Section 27.

(a) No declaration as provided in Sub-Section (2) of Section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or

(b) Such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation”

5. The case on hand is covered by a catena of decisions of this Court. Therefore, applying the statutory mandate under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, I have to necessarily grant the relief sought for. The respondents are directed to issue appropriate proceedings in this regard at the earliest releasing the land in question.

6. With this direction, the Writ Petition stands allowed. No costs.

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