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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
S.Mehdi Ispahani – Appellant
Versus
Member Secretary, Chennai Metropolitan Development Authority – Respondent
| Table of Content |
|---|
| 1. common issue in both writ petitions. (Para 1 , 2) |
| 2. petitioner's property ownership and application. (Para 4 , 5 , 6) |
| 3. petitioners' title and cmda gift deed demand. (Para 7 , 8 , 9 , 10) |
| 4. cmda justifies gift deed via master plan. (Para 12 , 13 , 14 , 15) |
| 5. petitioners cite precedents against gift deeds. (Para 16 , 17) |
| 6. aag defends via t&cp act sections. (Para 18) |
| 7. article 300a protects property from deprivation. (Para 20 , 21 , 22) |
| 8. petitioners willing for compensated surrender. (Para 23) |
| 9. cmda powers under t&cp act for plans. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 10. no statutory basis for compulsory gift deed. (Para 32 , 33 , 34) |
| 11. acquisition via rfctlarr act required. (Para 35 , 36 , 37 , 38) |
| 12. gift deed insistence fetters discretion. (Para 39 , 40 , 41) |
| 13. prior rules optional, not mandatory. (Para 42 , 43) |
| 14. rule 35(19) requires live notification. (Para 46 , 47) |
| 15. precedents prohibit enforced gift deeds. (Para 49 , 50 , 51 , 52 , 53) |
| 16. writ petitions allowed without gift deed. (Para 54) |
ORDER :
V. Lakshminarayanan, J.
1.These two writ petitions present a common issue. Hence, they are disposed by way of this common order.
2.The issues that are presen
Statutory layout conditions restricting development are binding and not repealed by later building rules unless inconsistent; modification requires Section 54 procedure with hearing, not automatic ov....
Since the property is not designated as compulsorily acquired land, there is no requirement for the Government to take the appropriate action envisaged under section 67 of the Act, 2016 can never be ....
A civil suit to declare a dedicated public road as private is barred under Section 101 of the Tamil Nadu Town and Country Planning Act, and lacks cause of action.
The designation of land for public purposes under the Karnataka Town and Country Planning Act does not lapse after a specified time, but the rights of property owners must be balanced against long de....
The legislative authority for land and planning matters resides exclusively with the State, requiring adherence to state-specific planning laws, with necessary consents from all stakeholders for rede....
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.
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
Failure to acquire land within three years under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
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