Failure to acquire land within three years results in the automatic release from public reservation under Section 38 of the Act.

O R D E R

The petitioner has filed this petition seeking to declare that property comprised in Old S.No.251, Old Ward F, Old Block No.9, Old T.S. No.7/2 and New Ward F, New Block No.149, New T.S. No.4, of Mannarai Village, measuring to an extent of acre 4.50 cents, situated at Mannarai Village, Tirupur North Taluk, Tirupur District (property) is in forming part in Tiruppur Local Planning area- detailed Development Plan-16 MAP No.4 for the purpose of forming the E2 E2 50 feet road, D1 D1-60 feet road, E3 E3-50 feet road which was approved by the Director of Town and Country Planning the first respondent herein in DDP/ (C.N) No.1/91 dated 07.03.1991 the petitioners lands falls on for the purpose of forming the E2 E2-50 feet road, D1 D1-60 feet road, E3- E3-50 feet road to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning act, 1971 (TN Act 35 of 1974) and the decisions of this Honourable Court in W.P.(MD) No.8515 of 2021 dated 25.06.2021 W.P. No.106 of 2022 dated 07.01.2022, W.P.No.22384/2023 dated 22.08.2023, W.P.No.32815/2024 dated 14.02.2025 and in W.P.No.8787/2025 dated 25.03.2025.

2. The petitioner, M.N. Murugappa Girls Higher Secondary School Committee, owns 4.50 cents of land in Mannarai Village, Tirupur District, which was part of a larger extent originally purchased in 1980 and later partially settled for educational purposes. The subject land was reserved under the Tirupur Local Planning Area - Detailed Development Plan-16 (DDP-16), approved in 1991, for forming roads (E2, D1, E3). However, despite the passage of over three decades, the authorities have not acquired the land as required under Section 37 of the Tamil Nadu Town and Country Planning Act, 1971. As per Section 38 of the Act and consistent judicial precedents, such reservation lapses if not acquired within three years. The petitioner, now seeking to develop the land for educational use, filed the present writ petition.

3. Learned counsel for the petitioner would submit that the aforesaid scheme prepared in the year 1991, it was stated that the said land would be acquired by the respondents as provided under the provision of Chapter IV of Town and Country Planning Act, 1971 (herein after referred to as Act). However, the Government had not taken any steps to acquire the land. It is also informed to the petitioner that the proposal to form the road has not been given effect to or implemented. It was also informed that under Section 25 of the Act, the Town Planning authority should have obtained approval from the Government within three years from the date of the publication of the scheme but, they have not done so.

4. Learned counsel for the petitioner would submit that the petitioner had made representation several times to the respondents to release the lands belonging to him as the same is 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) I