Land reservation lapses if not acquired within three years under Section 38 of the Town and Country Planning Act.

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to declare that the petitioners land comprised in survey Nos.196/A1, 200/A2, 546/1, 2, 191/2, 200/A2, 200/A3, 196/A1, 191/2, 546/1, 548/B and 546/2 Coimbatore is deemed to be released from the reservation of petitioner's land for formation of public road as per the provision of Section 38 of Town and Country Planning Act and consequently direct the respondents to pass an appropriate order or release of the petitioner's land comprised in Survey Nos.196/A1, 200/A2, 546/1, 2, 191/2, 200/A2, 200/A3, 196/A1, 191/2, 546/1, 548/B and 546/2 in Ramanathapuram Village, Coimbatore South Taluk, Coimbatore.

2. The case of the petitioner is that he is the absolute owner of land measuring 2.21 acres situated in Ramanathapuram Village, Coimbatore South Taluk, comprising Survey Nos.196/A1, 200/A2, 546/1, 2, 191/2, 200/A2, 200/A3, 196/A1, 191/2, 546/1, 548/B and 546/2. The land has been in the petitioner’s continuous possession and used for agricultural purposes. In the year 1990, under a Town Planning Scheme for the Coimbatore urban area, portions of the petitioner’s land were earmarked for formation of 80-feet wide "AA Scheme Road" and 60-feet wide "BB Scheme Road." However, even after the Master Plan was approved in 1994, no development has taken place, and no acquisition or compensation process was initiated. The petitioner has made repeated representations to the respondents for release of the land, notably on 22.06.2000 and 03.06.2022. Despite a letter from the 3rd respondent dated 20.05.2019 indicating that the Scheme Road would be reviewed in consultation with landowners, no further action has been taken. Further, the High Court in W.P.No.21041 of 2010 had already quashed the starting and ending portions of the same Scheme Road in 2016.

3. Learned counsel appearing for the petitioner contends that as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 , land reserved under a planning scheme must be acquired within three years of the final publication of the plan; otherwise, it is deemed to be released. Since over 30 years have passed without acquisition or development, the petitioner argues that the reservation has lapsed by operation of law. The continued reservation of the petitioner’s land in the Master Plan is arbitrary and unreasonable, especially when major portions of the Scheme Road have already been cancelled by a court order. Hence, the petitioner seeks a declaration that the reservation stands lapsed and a consequential direction for the release of the land.

4. Learned counsel further submits that though such a notification was issued under Section 30 of the Act, no follow-up action of acquisition has been taken. Therefore, the petitioner had made representations several times to the respondents to release the lands belonging to him, as the same are not acquired and no more public purpose is involved under the deemed proviso, viz., under Section 38 of the Act, land would be deemed to be released from reservation, allotment or designation.

5. Learned counsel for the petitioner would then place reliance on the similar orders passed by this Court, which are as follows:

a) In the case of A.Kondasamy Vs. The Director of Town & Country Planning, Office of the Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E & C Market Road, Koyambedu, Chennai – 600 107 and others in W.P.No.25243 of 2021 dated 29.11.2024.

b) In the case Alagirisamy Vs. The Director of Town & Country Planning, 807, Anna Salai, Chennai, Chennai District and others in W.P.No.27672 of 2022 dated 12.12.2022.

c) In the case of M/s.C.Vasanthadevi and another Vs. The Secretary, Housing and Urban Development Department