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2024 Supreme(Online)(MAD) 38983
HIGH COURT OF MADRAS
N. Sathish Kumar, J
C.S. Siddarth – Appellant
Versus
Director, Directorate of Town and Country Planning – Respondent
W.P.(MD)Nos.15534 & 15535 of 2024
For the Appellants/Petitioners: V.P. Sengottuvel, V. Muthu Kamatchi
For the Respondents: A. Kannan, R. Baskaran, K.R. Kishoreram, C. Satheesh
When a Detailed Development Plan lapses due to non-acquisition of land within the statutory period under the Town and Country Planning Act, any gift deeds executed specifically for the purpose of such a plan become invalid, and the land must be reconveyed to the donor.
Headnote:(A) Tamil Nadu Town and Country Planning Act, 1971 - Sections 37, 38 and 49 - Acquisition of land for Detailed Development Plan - Lapse of plan - Gift deeds executed - Purpose of gift failed - Obligation to reconvey property.
(B) Constitutional Right to Property - Article 300A - Seven sub-rights, including the right to an efficient process and restitution, are foundational to property rights; failure to abide by public purpose or timeline principles violates the constitutional right to property under Article 300A. (Paras 12, 13)
Facts of the case:
The petitioner sought a declaration that the 'Bye pass Road Detailed Development Plan No.V' had lapsed due to non-acquisition of lands within the statutory five-year period. Following that, the petitioner requested the cancellation of gift deeds previously executed for road purposes, as the development plan had lapsed and the roads were never formed.
Findings of Court:
The court held that since the development plan had lapsed by operation of law, the specific purpose for which the gift deeds were executed (laying roads) could not be achieved. Therefore, the respondents cannot retain ownership and are liable to cancel the gift deeds or reconvey the land.
Issues: Whether the gift deeds executed as a condition for planning permission remain valid after the underlying Detailed Development Plan lapses under Section 38 of the Tamil Nadu Town and Country Planning Act.
Ratio Decidendi: Where a gift of land is made for a specific public purpose, and that purpose fails to materialize due to the lapse of the underlying development scheme, the donor is entitled to the return of the land and the cancellation of the gift deed, as retention by the State would be contrary to the principles of fair dealing and constitutional property protection.
Result: Writ Petitions allowed.
| Table of Content |
|---|
| 1. petitioner challenges land retention after a development plan lapses. (Para 1 , 2 , 3 , 4 , 5) |
| 2. statutory provisions regarding the lapsing of development plans under the act. (Para 6 , 7 , 8 , 9 , 10) |
| 3. gift deeds for a lapsed public purpose must be cancelled. (Para 11 , 12 , 13 , 14 , 15) |
| 4. court orders cancellation of gift deeds and release of lands. (Para 16) |
COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration to declare the Detailed Development Plan - Bye pass Road Detailed Development Plan No.V, Tiruchirappalli Corporation, Tiruchirappalli Local Planning Area, got lapsed and further direct the 3rd Respondent herein to cancel the Gift Deeds dated 21.02.2014 and 10.03.2015 bearing Doc.No.825/2014 and Doc.No.880/2015, in Book No.1, in the office of the 5th Respondent in so far as it relates to item Nos.1 and 2 mentioned therein and thereby release such lands as provided under Section 38 of the Town and Country Planning Act, 1971.
For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel (In both W.Ps) for Ms.V.Muthu Kamatchi
For Respondents : Mr.A.Kannan, Addl. Govt. Pleader for R1
Mr.R.Baskaran, Senior Counsel Assisted by Mr.K.R.Kishoreram, for RB Law Associates for R2 to R4
Mr.C.Satheesh, Govt. Advocate for R5
COMMON ORDER
Since the issues involved in both the Writ Petitions are one and the same, both the Writ Petitions are taken up together, heard and disposed of by this common order.
2. These Writ Petitions have been filed seeking for issuance of a Writ of Declaration to declare the Detailed Development Plan - Bye pass Road, Detailed Development Plan No.V, Tiruchirappalli Corporation, Tiruchirappalli Local Planning Area, got lapsed and further direct the 3rd Respondent herein to cancel the Gift Deeds dated 21.02.2014 and 10.03.2015 bearing Doc.No.825/2014 and Doc.No.880/2015, in Book No.1, in the office of the 5th Respondent in so far as it relates to item Nos.1 and 2 mentioned therein and thereby release such lands as provided under Section 38 of the “Tamil Nadu Town and Country Planning Act, 1971” (hereinafter referred to as “the Act”).
3. It is the case of the Writ Petitioner that the subject property belonged to the petitioner's family concern. The subject properties are notified for the Detailed Development Plant No.V, Tiruchirappallai Corporation, Tiruchirppalli Local Planning Area under Section 37 the Act. According to the petitioner, the subject lands have not been acquired within five years from the date of publication of notice of the preparation of Detailed Development Plan in the Government Gazette. Hence, as per Sections 37 and 38 of the Act, the lands reserved and allotted are deemed to be released from such reservation. Hence, the petitioner has filed these Writ Petitions seeking for the aforesaid relief.
4. Further, it is the case of the petitioner that when the petitioner applied for planning permission for construction of a show room cum service station in the subject lands, the authorities insisted the petitioner to execute a gift deed in respect of the roads earmarked in the Detailed Development Plant. Accordingly, the petitioner has executed gift deeds dated 21.02.2014 and 10.03.2015 in respect of G4-G4 and G5-G5 Roads. As the Detailed Development Plan got lapsed, the gift deeds are not valid. Hence, the petitioner has filed these Writ Petitions seeking for a direction to cancel the gift deeds executed in favour of the respondents.
5. The third respondent has filed a common counter affidavit to the effect that the property comprised in T.S.No.2570/2 part, T.S.No.2569 part, T.S.No.2572/2part, T.S.No.2568 part, T.S.No.2574 part, T.S.No.2573 part, T.S.No.2578 part, T.S.No.2579 part, 2638 part, T.S.No.2639 part and T.S.No.2661 part including the petitioner's property situate in T.S.No.2572/2 measuring an extent of 745 sq.ft., T.S.No.2573 measuring an extent of 3713 sq.ft, T.S.No.2578 measuring an extent of 27
