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.

ORDER :

1. The present writ petition has been filed to declare the the petitioner's land comprised in T.S.No.609/2, 611/2 & 4 Ward No.C(3), Block No.13, Kumarapalayam, Poerur, Coimbatore District measuring 4797 sq.ft.is deemed to be released from the reservation of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the 3^rd respondent to pass appropriate orders for release of the petitioner's land.

2. It is the case of the petitioner that he is the owner of the property situated in T.S.No.609/2, 611/2 & 4 Ward No.C(3), Block No.13, Kumarapalayam, Poerur, Coimbatore District measuring 4797 sq.ft. The said property was purchased vide a Sale Deed dated 07.09.2022 registered as Doc.No.6857 of 2022 on the file of Joint Sub-Registrar No.1, Coimbatore( hereinafter referred to as “Subject Land”).

3. The petitioner approached the 2nd and 3rd respondents for planning approval for constructing commercial building consisting of basement floor, ground floor and three floors vide online Application dated 07.08.2023 bearing reference Number SWP/BPA/0012595/2023. But the said application was not considered by the respondent on the ground that a scheme road measuring 80 feet alleged to run across his property. After purchasing the property, revenue records was also mutated in his name and he was not aware that a road lies on his land. It is stated that the properties surrounding his property are all developed 80 feet runs does not exist at all. Hence, it is the contention of the petitioner that as per Section 37 of the Town and Country Planning Act, 1971, the planning authority devise any plan at the disposal of any private person required for any purpose for detailed development plan, same can be acquired by the State Government by invoking the provision of the Land Acquisition Act, 1894. Whereas Section 38 of the said Act contemplates, if such acquisition is not made within a period of three years from the date of publication of the detailed development plan, the land will be deemed to have been released from such reservation from the detailed development plan. Hence, there is no bar on the respondents to grant residential layout approval for his land. Aggrieved by the same, the petitioner has filed the present writ petition.

4. It is seen that similar matter has been already dealt with by this Court in W.P.No.965 of 2025 dated 14.02.2025. The relevant portions of the said order is extracted hereunder :-

6. Learned counsel appearing for the Petitioner would submit that she was informed that the Regularisation of the Plot could not be granted, as a detailed development plan had been approved by the 3^rd Respondent under Section 29 of the Act as early as in the year 1994, with part of the Subject Land (approximately 1 cent) reserved for a proposed Scheme Road.

7. The subject land has been in possession and ownership of the Petitioner since its purchase in the year 1996. Though it appears that a portion of the Subject Land was notified under the Act as early as in the year 1994, wherein a part of the Subject Land (approximately 1 cent) was reserved for a proposed Scheme Road, the subject land continued to remain in possession of the Petitioner and the same has not been acquired by the concerned Respondents till date.

8. It is submitted that despite the lapse of nearly 31 years now, the land has not been acquired for the purpose for which it was reserved/designated. It would therefore be in contravention of the scheme and Section 38 of the Act to not regularise the unapproved plot under the garb of the Subject Land being reserved/designated for a Scheme Road. Further, the same would contravene her right under Article 300A of the Constitution of India.

9. It is further submitted that the application for regularisation was filed in the year 2018, and the requisite fee, as directed by the respondents, was paid in the month of February 2024. Despite having received a total sum of Rs.2,42,325/- towards Regularisation Fee,