IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
Champalal G. Bafna – Appellant
Versus
Director of Town and Country Planning, Chennai – Respondent
ORDER :
1. This writ petition has been filed to declare that the property comprised in 706/2, 707/2 and 708/1A, together measuring to an extent of acre 7.55 cents, situated at Vadavalli Village, Coimbatore South Taluk, Coimbatore District (property) forming part of MAP No.3, DDP/(CNR)No.(Consented) for Coimbatore Local Planning Area Vadavalli Detailed Development Plan No.09, which was approved by the third respondent herein for a C-C-40 Feet Road and B5-B5-50 Feet road, to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN Act 35 of 1974) and the decisions of this Court in W.P(MD)No.8515 of 2021 dated 25.06.2021, W.P.No.106 of 2022 dated 07.01.2022, W.P.No.538 of 2022 dated 19.01.2022 and W.P.No.22384 of 2023 dated 22.08.2023 and directed the respondents to release the above said lands to the petitioners.
2. The 1st Petitioner and the 5th Petitioner have acquired the land situated at Vadavalli village comprised in S.No.706/2, measuring to an extent of 2.46 acres and in S.No.707/2 measuring 3.17, totally an extent of 5.63 acres purchased by a sale deed dated 06.08.1990 duly registered as D.No.2885/1990 on the file Joint II SRO Coimbatore.
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.
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....
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 under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
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 results in its release from reservation under Section 38 of the Tamil Nadu Town and Country Planning Act, violating property rights.
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.
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