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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Ezhil Murugan – Appellant
Versus
Director/Commissioner, Directorate of Town and Country Planning – Respondent
| Table of Content |
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| 1. failure to acquire reserved land within the stipulated statutory period constitutes grounds for challenging the reservation. (Para 1 , 3) |
| 2. statutory lapse of reservation under section 38 of the tamil nadu town and country planning act, 1971. (Para 4 , 5 , 6 , 7) |
| 3. court directions for updating records and restoring land usage rights following the lapse of reservation. (Para 8 , 9) |
O R D E R
The petitioners are before this Court seeking issuance of a Writ of Declaration declaring that the reservation of the petitioners’ property comprised in T.S. Ward-BM, Block No.34, Town Survey Nos.119 and 121/4, situated at Kulavanigarpuram Village, Melapalayam, Palayamkottai, Tirunelveli City Municipal Corporation, Tirunelveli District, as “Proposed Road” under the Tirunelveli L.P.A. Perumalpuram Extension Detailed Development Plan No.9, has lapsed by operation of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. The materials placed on record have also been perused.
3.The undisputed facts reveal that the subject property of the petitioners was reserve
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