Deprivation of property rights under the Tamil Nadu Town and Country Planning Act requires acquisition within three years; otherwise, lands are deemed released from reservation, affirming constitutional protections under Article 300-A.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records of the 1st respondent in issued Letter No. 24801/UD-VII(1)/2016-3 dated 26.04.2017 and quash the same in lands comprised to an extent 1.21 acres in S.Nos.126/1B, 1B1, 295/2B2, B2 at Alamathi Village, Ponneri Taluk, Thiruvallore High Road, Redhills, Thiruvallur District having automatically deemed to have been released from reservation as catchment area under Section 38 (b) of the Tamil Nadu Town and Country Planning Act, 1971.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorarified mandamus calling for the records of the 1st respondent in issuing Letter No. 24801/UD-VII(1)/2016-3 dated 26.04.2017 and quash the same as lands comprised Survey Nos.292, 293, 294, 295, 296, 297 & 302 covered in Patta Nos.4100, 4121, 4122, 4133, 6078, 6188 and 6200 situated in No. 111, Alamathi 2 Revenue Village, abutting Redhills- Thiruvallur High Road, Sholavaram Panchayat Union, Thiruvallur District have automatically deemed to have been released from reservation as Catchment area under Section 38 (b) of the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the 2nd respondent to process planning application of the petitioner without reference that the lands of petitioner are catchment area.

1. Though the petitioners are different, the writ petitions are filed challenging the common order and common issues are raised by the petitioners in both the writ petitions. Hence, these two writ petitions are disposed of by this common order.

2. WP.No. 13419/2017 is filed for issuance of a writ of certiorari to quash the impugned proceedings of the 1st respondent dated 26.04.2017 in respect of the lands measuring an extent of 1.21 acres comprised in S.Nos.126/1B, 1B1, 295/2B2, B2 at Alamathi Village, Ponneri Taluk, Thiruvallore High Road, Redhills, Thiruvallur District as the lands are deemed to have been released from reservation as catchment area by virtue of Section 38 (b) of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as 'the Act, 1971').

3. WP.No. 13437/2017 is also filed to quash the proceedings of the 1st respondent dated 26.04.2017 in respect of the lands comprised in S.Nos.292 to 297 and 302 in Alamathi 2 Revenue Village, abutting Redhills-Thiruvallur High Road, Sholavaram Panchayat Union, Thiruvallur District as the said lands are deemed to have been released from reservation as Catchment area by virtue of Section 38 (b) of the Tamil Nadu Town and Country Planning Act, 1971 and to direct the 2nd respondent to process planning application of the petitioner without reference that the lands of petitioner are reserved as catchment area in the Master Plan.

4. Brief facts in WP.No. 13419/2017 are as follows.

5. The petitioner is a Company registered under the provisions of the Indian Companies Act, 1956. The petitioner purchased an extent of 1.21 acres in S.Nos. 126/1B, 1B1, 295/2B2, B2 at Alamathi Village, Ponneri Taluk, under a registered Sale Deed date 10.03.2008. The petitioner, in order to construct a godown for storing the raw materials of the Company, submitted an application on 22.08.2008 before the Commissioner, Sholavaram Panchayat Union for planning permission and the 4th respondent processed the application in consultation with the 2nd respondent. The 4th respondent addressed a letter to the 5th respondent / Water Resources Organization on 22.08.2008, to find out whether any possib