Non-acquisition of land within three years from the date of publication of a detailed development plan results in the deemed release of the land from reservation under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents No.1 and 2 to release the petitioner's land with an extent of 27064 sq.ft., in S.No.31/3 PT earmarked for the “Vilar Detailed Development Plan No.2” by treating the “Vilar Detailed Development Plan No.2” of Thanjavur Local Planning area as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.)

1. This Writ Petition has been filed for a Mandamus seeking for a direction to direct the respondents No.1 and 2 to release the petitioner's land measuring an extent of 27064 sq.ft., in S.No.31/3 PT earmarked for the “Vilar Detailed Development Plan No.2” by treating the “Vilar Detailed Development Plan No.2” of Thanjavur Local Planning area as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act 1971.

2. Heard Mr.R.Karunanidhi, learned Counsel for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

3. Section 38 of Tamil Nadu Town and Country Planning Act, 1971 reads as follows:

“38. Release of land.- If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27- (a) no declaration as provided in subsection (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.

4. Section 38 of the Tamil Nadu Town and Country Planning Act 1971, has been considered by various Benches of this Court which includes the following:

(1) The Director, Town and Country Planning, Chennai and another vs M.Dasarathan and another, in W.A(MD)No.754 of 2019.

(2) The Director, Town and Country Planning, Chennai and another vs P.Babu, in W.A(MD)No.447 of 2020.

(3) A.Bhaskaran vs The Director of Town and Country Planning, Chennai and others, in W.P.(MD)No.13645 of 2017 (passed by me)

5. In all the aforementioned judgments, it has been consistently held that if the lands are not 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, the lands shall deem to be released from the reservation.

6. In the case on hand, the publication was effected on 25.06.2008. Admittedly, the subject lands have not been acquired within a period of three years from the date of effecting publication. In view of the same, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and also as per the judgments referred to supra, the lands shall be deemed to be released from reservation.

7. In the counter affidavit filed by the respondents, the second respondent has admitted in paragraph-6 that their Office has approved “Vilar Detailed Development Plan No.2” and the same was also published in the Government Gazette on 25.06.2008. They have also admitted that they have not acquired the lands, after the gazette publication. They have also stated in the counter affidavit that “Vilar Detailed Development Plan No.2” is a road extension project being proposed by their Office for larger purpose.

8. Since the subject lands have not been acquired within a period of three years from the date of effecting publication in the Government Gazette, the contention of the respondents will have to be necessarily rejected by this Court, as the lands are deemed to be released for reservation as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

9. For the foregoing reasons, this Court directs the respondent Nos.1 and 2 to release the petitioner's land measuring to an extent of 27064 sq.ft., in S.No.31/3 PT earmarked for the “Vilar Detailed Develo