A land reservation lapses under Section 38 of the Tamil Nadu Town and Country Planning Act if not acted upon within three years.

O R D E R

The petitioners are the owners of the property situated at SF.No. 6/1AP, 467/7P, 469/6P and 473/P, New TSLR No.6/4pt, 7pt, 469 pt and 473/3 Block No.1 Ward No.G. Pollachi Town, Pollachi Taluk, Coimbatore District measuring about 7786.68 Sq. mtrs. The petitioners state that these lands were earmarked by the respondents for the establishment of an educational institution under the provisions of the Town and Country Planning Act, the scheme was prepared in the year 1978. Since the consequential acquisition under Section 37 of the Town and Country Planning Act had not been adhered to, the petitioner state that the reservation has lapsed by virtue of Section 38 of Town and Country Planning Act. As the respondents continue to stick to a stand that the property has been earmarked under the “Pollachi Master Plan”, the petitioners are before this Court seeking for a declaration that the reservation has lapsed.

2. I heard Mr.M.R.Dhalapathy Vignesh Kumar for petitioners, Mr.N.Naveen Kumar, for respondents 1 to 3 and Dr.T.Seenivasan for 4^th respondent.

3. Mr. Naveen Kumar confirms the fact that the petitioners’ land has been reserved in the year 1978. He states that no further acquisition or negotiated, purchase had been made of the property, which is the subject matter of this Writ Petition, by the Local Planning Authority.

4. As per Section 38 of Town and Country Planning Act, if a reservation is not converted to by acquisition for the said purpose within a period of three years, the reservation statutorily lapses.

5. I am of the view that the submissions of Mr.M.R.Dhalapathy Vignesh Kumar are on firm legal grounds. Any land can be reserved under a Master Plan or Regional Development Plan by the Town and Country Planning Authority, since the Town and Country Planning Act enables such reservation.

The Act also prescribes a period of three years for the Local Planning Authority to acquire the lands, in order to implement the reservation, so made. In case the acquisition is not done so, by virtue of Section 38, the reservation automatically lapses.

6. It is not in dispute that the reservation had been made in the year

1978. More than 40 years have gone by and no action has been taken by the respondents. That being the situation, the petitioners’ endeavour to protect their lands, as the reservation has lapsed and the property is free from the clutches of the reservation for the purpose of constructing an educational institution, as contemplated under Pollachi Local Development, is valid. Accordingly, it is declared the reservation of the lands has lapsed

7. This Writ Petition is ordered. Consequently, the connected Miscellaneous Petition is closed. No costs.