The three-year limitation for land acquisition under the Tamil Nadu Town and Country Planning Act is critical in determining the validity of property claims.

O R D E R

The present petition has been filed to review the order passed by this Court in W.P. No.33891 of 2013 dated 8/4/2024.

2. This Court, vide order dated 8/4/2024, had passed the following order:-

3. The learned counsel appearing for the petitioner has relied on a decision of this Court in W.P.(MD).No.10659 of 2012 , dated 10.12.2012. The relevant portion of the order reads as follows:-

“8. In this regard, useful reference could made to a decision reported in (2008) 2 MLJ 184 ( K.S.Kamakshi Chetty and others vs. Commissioner, Aruppukottai Municipality , Aruppukottai and another), wherein it has been held as follows:-

“9. On the facts and circumstances of the present case, the petitioners have clearly stated in the affidavit, that even under the old Act VII of 1920, no steps were taken for the purpose of completing the acquisition within three years and the same has not been denied in the counter affidavit filed by the first respondent. Even assuming that the said Scheme has been taken over under the Act 35 of 1972, even from the date of coming into effect of the Act within the period stipulated under Section 38, no steps have been taken by the respondents for acquiring the property for the purpose of “open space” stated to have been reserved under the North- East Extension Town Planning Scheme Part II, Aruppukottai sanctioned under G.O.Ms.No.474 LA dated 02.03.1969.

9. Therefore, the acquisition cannot be made at this stage, since the period of three years as contemplated under the said provision is already over. Accordingly, this Writ Petition is allowed.

No costs.”

4. Following the same, this Court is of the view that the acquisition cannot be made at this stage, since the period of three years as contemplated under the said provision is already over. Accordingly, this Writ Petition is allowed and the respondents are directed to release the land in Old Survey Nos.750/4 and 750/5, New Survey Nos.750/4B & 750/5 measuring to an extent of 25 cents, situated at Kalapatti Village, Coimbatore North Taluk, Coimbatore District, forming part of Kalapatti Detailed Development Plan No.20, by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act , 1971, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. No costs.”

3. Heard Mr.J.Ravindran, learned Additional Advocate General for the petitioner, Mr.P.Tamilmani, learned counsel for the first respondent and Mr.C.Meera Arumugam, learned Additional Government Pleader for the respondents 2 and 3.

4. The learned Additional Advocate General appearing for the review petitioner would submit that the lands which are already earmarked for public purpose have been shown in the detailed plan as OSR lands and the same need not be acquired again, as per Section 27 of the Town and Country Planning Act. Hence, the question of acquisition of land within 3 years, as stipulated under Section 38 of the Town and Country Planning Act does not arise in the present case. Since the reserved site earmarked in the detailed development plan had already been agreed to be gifted in favour of the local body by the promoter at the time of getting approval for the residential layout in the year 1985 itself.

5. Suppressing the aforesaid facts, the writ petitioner had filed a writ of declaration seeking to declare the lands comprised in Old S.No.750/4, New Survey Nos.750/4B & 750/5 measuring an extent of 25 cents situated at Kalapatty Village, Coimbatore North Taluk, Coimbatore District earmarked for public purpose of children's play space in the Kalapattay Detailed Development Plan No.20, as if the same was not acquired as per the provisions of Section 38 of t