Local authorities cannot compel landowners to gift land for public use without following proper acquisition processes as mandated by law.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA WP No. 3394 of 2011

1.Mr.S.Ali Ispahani (deceased)

2.Mr.S.Mehdi Japahani

3.Ranjini Ispahani 4.Firuzeh Ispahani [P2 to P4 are substituted as LRs of the deceased 1st Petitioner as per order dated 13.02.2025 in WMP.No.31775/2022 and WMP.No.31782/2022 in WP.No.3394/2011]

Petitioner(s)

Vs The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore Chennai-8.

Respondent(s)

Prayer:- Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Declaration, to declare the sub Regulation for Chennai Metropolitan Area 2026 i.e., the Second Master Plan for Chennai Metropolitan Area 2026-Volume II-Development Regulations as unconstitutional, null and void and ultravires the provisions of Sections 36 -39 of Chapter IV of Tamil Nadu Town and Country Planning Act, .

For Petitioner(s): M/s.A.E.Ravichandran For Respondent: Mr.Akhil Akbar Ali, Standing counsel

ORDER

Today, the above writ petition is listed under the caption ''For Clarification'' at the instance of the Court.

2.This Court, vide order dated 21.07.2025, had disposed of the above writ petition. However, upon perusal of the order, this Court entertained a doubt as to how the II Master Plan for Chennai Metropolitan Area 2026-Volume II- Development Regulations, be declared as unconstitutional, null and void and ultra vires the provisions of Sections 36 to 39 of the Town and Country Planning Act, 1971, in the light of judgment dated 05.06.2024 rendered in P. Vijayakalyani vs. The State of Tamil Nadu and Others [WP.No.30905/2015 etc., batch]. Accordingly, the Registry was directed to list the matter today under the caption ''For Clarification''.

3.Heard both sides and perused the materials placed on record.

4.Accordingly, the above writ petition is disposed of in the following manner:-

''This writ petition has been filed for issuance of a Writ of Declaration, to declare the Sub-Regulation for Chennai Metropolitan Area 2026 i.e. The Second Master Plan for Chennai Metropolitan Area 2026 – Volume II – Development Regulations as unconstitutional, null and void and ultravires the provisions of Section 36 -39 of Chapter IV of Tamil Nadu Town and Country Planning Act. 2.The case of the Petitioner is the 1st petitioner, S.

Ali Ispahani and his brother, are joint owners of the property situated at Door No. 35, Anna Salai, Chennai – 600 002. They applied for planning permission on 11.02.2010 to construct a commercial office building on the said property. In response, the Chennai Metropolitan Development Authority (CMDA) issued a letter dated 02.08.2010 directing the petitioners to execute a Registered Gift Deed in favour of the CMDA or the local body for the portion of land earmarked for street alignment, as a precondition for granting planning permission. The petitioners have challenged this condition by filing a writ petition before the Hon’ble High Court.

3.Learned Counsel appearing for the petitioners submits that the CMDA’s requirement to gift the land earmarked for street alignment without compensation is arbitrary, illegal, and ultra vires the Tamil Nadu Town and Country Planning Act. He argues that such a direction violates Sections 36 to 39 of the Act, which mandate acquisition through due legal process and payment of compensation. He asserts that Regulation 26(22) of the Development Regulations, which forms the basis of CMDA’s direction, is inconsistent with the parent Act and violates Article 19(1)(g) of the Constitution. He submits that the petitioners claim that their right to use and develop their property cannot be curtailed by compelling them to execute a Gift Deed, and that the doctrine of legitimate expectation entitles them to have their planni