IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice J.Sathya Narayana Prasad, J
R. Rajan, S/o. Ramasamy Nadar – Appellant
Versus
Secretary, Housing and Urban Development Department, Koyambedu, Chennai – Respondent
ORDER :
This writ petition has been filed seeking a direction to the respondents to declare that the petitioner's land comprised in Survey Nos.68/1 and 69/2 in Ramathapuram Village, Coimbatore, is deemed to be released from the reservation of petitioner land for the formation of a public road as per the provision of Section 38 of the Town and Country Planning Act and consequently direct the respondents to pass an appropriate order or release of the petitioner's land comprised in Survey Nos.68/1 and 69/2 in Ramanathapuram Village, Coimbatore South Taluk, Coimbatore.
2. The case of the petitioner is that he is the absolute owner of the property comprised in Survey Nos.68/1 and 69/2 at Ramanathapuram Village, Coimbatore South Taluk, Coimbatore, to the total extent of 2.45 acres. The lands are under his possession and enjoyment and are put into use for agricultural purposes. The grievance of the petitioner is that, when the Town Planning Scheme was prepared in 1990 for Coimbatore Urban area, the town planning authorities earmarked a portion of the petitioner's lands comprised in Survey Nos.68/1 and 69/2 in Ramathapuram Village, Coimbatore South Taluk, Coimbatore, for formation of 80 feet
Land reserved for public purpose is deemed released if not acquired within three years as per Section 38 of the Town and Country Planning Act.
Land is deemed released from reservation if not acquired within three years as per Section 38 of the Town and Country Planning Act, 1971.
Failure to acquire land within three years results in automatic release from reservation under Section 38 of the Town and Country Planning Act.
Failure to acquire land within three years under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
Failure to acquire land within three years from publication of a development plan results in deemed release from reservation under Section 38 of the Town and Country Planning Act, 1971.
Failure to acquire land within three years from the publication of a detailed development plan results in automatic release from reservation under Section 38 of the Tamil Nadu Town and Country Planni....
Land reserved under planning laws is deemed released if not acquired within three years, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
Failure to acquire land within three years from the publication of a detailed development plan results in automatic release from reservation under Section 38 of the Tamil Nadu Town and Country Planni....
Failure to acquire land within three years under Section 38 of the Tamil Nadu Town and Country Planning Act results in the lapse of reservation.
The automatic lapse of land reservation under the Tamil Nadu Town and Country Planning Act, 1971, if not acquired within three years, is a binding legal principle.
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