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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice J.Sathya Narayana Prasad, J
Principal Secretary, Housing and Urban Development Department – Appellant
Versus
Principal Secretary, Housing And Urban Development Department – Respondent
ORDER :
1. This writ petition has been filed to for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 13.12.2024 bearing Na.Ka.No.4070/2024/H1(Va) issued by the 6th respondent herein and quash the same as contrary to law, illegal, arbitrary and unconstitutional and consequently direct the 3rd to 6th respondents to consider the petitioner’s application dated 14.11.2018 bearing Registration No.DTCP/P/068972/2017 in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and consequently regularise the petitioner’s unapproved plot in S.No.522(part), Sanganur Village, Block 13, Coimbatore Ward No.18, Coimbatore North, forming a part of Sanganur Detailed Development Plan No.7.
2. The case of the Petitioner is that she is the owner of the land in B. No.5/22(Part), Sanganur Village, Block 13, Coimbatore Ward No.18, Coimbatore North Taluk. The said property was purchased from Mr. C.Soundrajan, vide a Sale Deed dated 22.02.1996 registered as Doc.No. 1791 of 1996, on the file of the Gandhipuram SRO (hereinafter referred to as 'Subject Land').
3. The Petitioner approached the 4th to 6th Respondents for regularisation
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 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 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 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 Section 38 of the Tamil Nadu Town and Country Planning Act results in the lapse of reservation.
Failure to initiate acquisition proceedings within the specified period results in the deemed release of the land from the Detailed Development Plan.
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