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V. M. VELUMANI, V. LAKSHMINARAYANAN
J. Amsaveni – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent Letter No.C1/10267/2017 dated 19.09.2017 and quash the same by directing the Respondents herein to release the lands belonging to the Petitioner herein situated at Thiruvallur District, Ambattur Taluk, Morai Village, S.No.370/4, measuring an extent of Ac 4.11 in Patta No.415 and in S.No.370/2, measuring an extent of Ac 1.90 in Patta. No.3293 and in Vellanur Village, S.No.1, measuring an extent of Ac 4.00 in Patta No.344 from being reserved as catchment area and reclassify the same as Urban use Zone within stipulated timeframe, thereby enabling me to proceed with any development activity in the above mentioned lands without any restriction pertaining to catchment area.
English translation:
When water fails, functions of nature cease, you say; Thus when rain fails, no men can walk in 'duty's ordered way'. This couplet from Thirukural shows that the importance of water has been recognised in Tamil Nadu for thousands of years. After air, if life has to survive on this planet, it is attributab
The main legal point established in the judgment is that the State has the power to regulate land development to protect the environment and water sources, and the petitioner's right to property was ....
Deprivation of property rights under the Tamil Nadu Town and Country Planning Act requires acquisition within three years; otherwise, lands are deemed released from reservation, affirming constitutio....
Environmental protection of water catchment areas trumps property rights; prior binding precedent upheld over erroneous per incuriam declaration.
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
Land reserved under planning laws is deemed released if not acquired within three years, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
Failure to acquire land within three years from publication of a development plan results in deemed release from reservation under Section 38 of the Town and Country Planning Act, 1971.
Failure to acquire land within three years under the Tamil Nadu Town and Country Planning Act results in automatic lapse of reservation.
Land is deemed released from reservation if not acquired within three years as per Section 38 of the Town and Country Planning Act, 1971.
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