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 Planning Act.

ORDER :

(J. SATHYA NARAYANA PRASAD, J.)

The petitioner has filed this petition seeking direction to the respondents to declare the reservation made in respect of the petitioner's land in T.S.No.18, 16 and 12, Block 2, Ward E, Tirupur south taluk, Tirupur district forming part of the Tirupur Detailed Development Plan No.18 of the year 2012 to have lapsed in light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN ACT 35 of 1974).

2. The case of the petitioner is that the petitioners owns property in T.S.No.18, 16 and 12, Block 2, Ward E, Tirupur south taluk, Tirupur district. The grievance of the petitioners is that, when the Tirupur Detailed Development Plan No.18 was prepared in 1991, the town planning authorities earmarked a portion of the petitioners' lands comprised in T.S.No.18, 16 and 12, Block 2, Ward E, Tirupur south taluk, Tirupur district for formation of scheme road. Subsequently, the Detailed Development Plan was approved by the first respondent under Section 29 of the Act in the year 2012. But so far the Government has not taken any initiative to acquire the petitioners' lands. Therefore, the petitioners approached the third respondent for release of the land from this scheme. However, no order was passed to release the petitioners' land. Aggrieved by the same, the petitioners have come up with the present writ petition.

3. Learned counsel for the petitioners would submit that the aforesaid Development Plan prepared in the year 1991, it was stated that the said land would be acquired by the respondents as provided under the provision of Chapter IV of Town and Country Planning Act, 1971 (herein after referred to as Act). However, the Government had not taken any steps to acquire the land.

4. Learned counsel for the petitioners would submit that though the Tirupur Detailed Development Plan No.18 had been published under Section 27 in the year 2012 and was approved by the first respondent in 2012, no follow-up action of acquisition has been taken. Since no more public purpose is involved, under the deemed proviso viz., Section 38 of the Act, land would be deemed to be released from reservation, allotment or designation.

5. Learned counsel for the petitioners would then place reliance on the similar orders passed by this Court, which are as follows:

a) In the case of A.Kondasamy Vs. The Director of Town & Country Planning, Office of the Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E & C Market Road, Koyambedu, Chennai - 600 107 and others in W.P.No.25243 of 2021 dated 29.11.2024.

b) In the case Alagirisamy Vs. The Director of Town & Country Planning, 807, Anna Salai, Chennai, Chennai District and others in W.P.No.27672 of 2022 dated 12.12.2022.

c) In the case of M/s.C.Vasanthadevi and another Vs. The Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 015 and others in W.P.No.29069 of 2022 dated 12.12.2022.

d) In the case of V.Vijayalakshmi Vs. The Managing Director, Office of Director Municipality, Chepauk, Near Anna Square, Chennai - 600 005 and others in W.P.No.29297 of 2022 dated 12.12.2022.

e) In the case of S.Ponnusamy and others Vs. The Director of Town & Country Planning, Office of Directorate of Town & Country Planning, Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai - 600 107 and others in W.P.No.30168 of 2022 dated 12.12.2022.

f) In the case of Ramesh Chand and others Vs. The Commissioner, Directorate of Town & Country Planning, Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai - 600 002 and others in W.P.No.31752 of 2022 dated 12.12.2022.

g) In the case of M.Shanmugharaj Vs. The Director of Town & Country Planning, Office of Directorate of Town & Country Planning, Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai - 600 107 and others in W.P.No.30169 of 2022 dated 25.01.2023.

6. Heard the learned counsel on either side and perused the materials available on record.

7. The orders relied on by the