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.

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 1^st Petitioner and the 5^th 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. The 1^st Petitioner has executed a deed of settlement dated 07.08.2018 to and in favour of the 2^nd Petitioner duly registered as D.No.5274/2018 on the file of Joint II SRO Coimbatore, by which he settled the land situated at Vadavalli village measuring to an extent of 1.00 acre comprised in S.No 706/2 and in S.No. 707/2 out of his share of 2.81½ cents. Balance of 1.81 ½ cents of land settled to 3^rd petitioner in Document No.6254/2023 dated 25.08.2023 on the file of the Joint II SRO Coimbatore in the above Survey Nos.706/2 and 707/2, Vadavalli Village.

3. The 5^th Petitioner has executed a deed of settlement dated 01.09.2023 to and in favour of the 4^th Petitioner duly registered as D.No.6469/2023 on the file of Joint II SRO Coimbatore, by which he settled the land measuring to an extent of 1.00 acre and retaining 1.81 ½ cents with him comprised in S.No 706/2 and in S.No. 707/2 of Vadavalli village.

4. The 6^th Petitioner acquired the land comprised in S.No.708/IA of Vadavalli Village measuring to the extent of 0.96 cents out of 1.92 cents vide a Deed of Release dated 16.09.2014, duly registered as D.No.5296/2014 on the file Joint II SRO, Coimbatore. Thereafter, the 1^st Petitioner acquired the land measuring to the extent of 0.96 cents out of 1.92 cents comprised S.Nos 708/1A of Vadavalli Village vide a release deed dated 08.08.2023, duly registered as D.No.5774/2023 on the file Joint II SRO, Coimbatore.

5. When the petitioners intended to develop the property recently, the petitioners were informed by the respondents that their lands, comprised the Sub divisions in S.No.706/2, S.Nos.707/2, & 708/1A totally measuring to an extent of 7.55 cents were approved by the third Respondent herein through a development plan for forming the C-C-40 feet road & B5-B5-50 feet Road for public purpose. Aggrieved by the same, the Petitioners have come up with the present Writ Petition.

6. Learned counsel appearing for the Petitioners would submit that as per the above Development Plan, the property has not been acquired till this day by the respondents. As per Section 37 of the Tamil Nadu Town and Country Planning Act, 1971 , if the Authority reserves any lands of any private persons to be required for any purpose under the Detailed Development Plan, the same shall be acquired by invoking the provisions of the Land Acquisition Act, 1894 (Central Act 1/1894). While Section 38 of the Act contemplates that, if such acquisition is not completed within 3 years from the date of publication of the Development Plan, the land will be deemed to have been released from the reservation made under the Development Plan.

7. Learned counsel for the Petitioners relied on the order passed by this Court in W.P.(MD) No.8515 of 2021 dated. 25.06.2021, wherein this Court held that the reservation m