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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Stalin Selvaraj – Appellant
Versus
The Principal Secretary, Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. petitioner seeks land release due to acquisition delays. (Para 1 , 2 , 3 , 4) |
| 2. court observes acquisition failure invalidates reservation. (Para 5 , 6) |
| 3. writ petition is allowed, confirming release of land. (Para 7 , 8) |
O R D E R
The present writ petition has been filed seeking a mandamus directing the respondents to release the petitioner's land to an extent of 1 and 39 cents situated in Survey Number. 187/12A1 situated in Nanjikottai village, Thanjavur Taluk, Thanjavur District.
2. The learned counsel for the petitioner submitted that the said land was earmarked for the “Proposed 100 Feet Ring Road” under the Thanjavur Master Plan by virtue of G.O.(Ms).No.696 dated 09.08.1995, and the same was published in the Official Gazette on 11.10.1995.
3. It is the contention of the learned counsel for the petitioner that the lands were not acquired by the Government within a period of three years from the date of publication of the notification and, therefore, by operation of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, the reservation is deemed to have lapsed and the land ought to be treated as released.
4. In support of his submissions, the learned c
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