Land reservation lapses if not acquired within three years as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

ORDER

The petitioner is before this Court seeking a declaration that the reservation of land shown as 60 feet East–West Road and 40 feet North–South Road situated in Survey No.275/7 at Thuraiyur Village and Taluk, Tiruchirappalli District, in the Thuraiyur Detailed Development Plan published in the Tamil Nadu Government Gazette, Volume VI, Part I, Pages 274 and 275 dated 11.03.1992, has lapsed and is deemed to have been released in terms of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

2. The petitioner is the owner and developer of the property in Survey Nos.275/7 and 281/3 situated at Thuraiyur Village, Thuraiyur Taluk, Tiruchirappalli District. In the said land, the petitioner formed 47 residential plots, out of which 38 plots have been regularized. The remaining 9 plots have not been regularized on the ground that a 60 feet scheme road passes through the said plots. The Detailed Development Plan was published on 11.03.1992. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 provides that if the land reserved under a Detailed Development Plan is not acquired within a period of three years from the date of publication of the notice in the Tamil Nadu Government Gazette under Sections 26 or 27, such land shall be deemed to have been released from such reservation, allotment or designation.

3. In the present case, a portion of the petitioner’s land has been designated as a road under the Detailed Development Plan published under Sections 26 or 27 of the Act.

4. The petitioner has also placed reliance on the decision of a Co-ordinate Bench of this Court in W.P.(MD) No.6758 of 2024, wherein this Court, by order dated 20.03.2024, with reference to Section 38 of the Tamil Nadu Town and Country Planning Act, declared that the land mentioned therein stood released from reservation since the scheme had long since lapsed.

5. In the light of the above, this Court is of the view that the reservation of the portion of land designated as a road in Survey No.275/7 has lapsed by operation of Section 38(b) of the Tamil Nadu Town and Country Planning Act, 1971. Consequently, the second respondent is directed to consider the request of the petitioner and regularize the remaining 9 plots in Survey No. 275/7, Thuraiyur Village and Taluk, as approved plots in accordance with the Tamil Nadu Regularisation Provisions, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs.