IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.10.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32118 of 2024 and W.M.P.No.34878 of 2024 M/s Leema Towers Private Ltd., Represented By Its Authorized Signatory C.Ganesan ... Petitioner -Vs-

1. The Director Of Town And Country Planning, 2, 3 And 4th Floor, B, CMDA Office Campus, E And C, Market Road, Koyambedu, Chennai-600 107.

2. The Member Secretary/Executive Officer, Pollachi Local Planning Authority, Pollachi, Coimbatore District.

3. The Commissioner, Pollachi Municipality, Pollachi-642 001. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Declaration, declaring that the reservation made for public purpose in respect of the petitioner's land comprised in T.S.No.760/1 to an extent of 2.633.0 Sq.mt at Ward-B, Block No.13, Pollachi Town, Coimbatore District under Pollachi Detailed Development Plan No.12 is deemed to be lapsed and released from the reservation for public purpose in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN Act 1974).

For Petitioner : Mr.V.Anandhamurthy For R1 : Mr.S.Arumugam Government Advocate For R2 and R3 : Mr.B.Anand Standing Counsel

ORDER

This writ petition has been filed for declaration declaring that the reservation made for public purpose in respect of the petitioner's land comprised in T.S.No.760/1 to an extent of 2.633.0 Sq.mt at Ward-B, Block No.13, Pollachi Town, Coimbatore District under Pollachi Detailed Development Plan No.12 is deemed to be lapsed.

2. Heard both sides and perused the materials available on record.

3. The petitioner purchased the land in T.S.No.760/1 to the extent of 6.50 acres from one Karpagam Balaji vide Sale Deed dated 18.01.2019 in Document No.1535/2019 on the file of Sub-Registrar, Pollachi. All the revenue records were mutated in favour of the petitioner.

4. While being so, the town planning authorities had earmarked the portion of the petitioner's land comprised in T.S.No.760/1 to an extent of 2.633.0 sq.mt, at Ward – B, Block No.13, Pollachi Municipality for the Pollachi Detailed Development Plan No.12 for public purpose, which was notified in the year 1996. The aforesaid plan is for the proposed scheme roads and also for public purpose. It was expected that the Government of Tamil Nadu would acquire these lands for the formation of proposed plan as provided under the provisions of Chapter IV of the Town and Country Planning Act, 1971. However, even till today, no action has been taken to acquire the subject land.

As a result, the petitioner is not able to deal with the property effectively. 5. Further, when the Pollachi Detailed Development Plan No.12 for public purpose was proposed and for the said purpose, the portion of the land was also reserved for the public purpose in the year 1996. However, so far, the respondents did not take any action to acquire the said land under the Tamil Nadu Town and Country Planning Act, 1971, within a period of three years and subsequently, amended as five years and the proposed development plan has been kept by the respondents in cold storage for the past 20 years.

6. On written instructions received from the first respondent and the learned Government Advocate appearing for the first respondent submitted that the subject land is reserved for public purpose in the approved Pollachi Detailed Development Plan No.12. However, so far no acquisition proceeding has been initiated and as such, the petitioner has to make a request before the first respondent for release of the land.

7. As per Section 38 of the Town and Country Planning Act, 1971, if a particular land is not acquired by agreement, such land shall be deemed to be released for such reservation, allotment or designation. After completion of the year 1994, no further proceedings were initiated for acquiring the lands.

8. It is relevant to extract the provisions under Sections 37 and 38 of the Tamil Nadu Town