Joint Landowners’ Plan To Gift 23-Foot Access Pathway Needs Planning Approval, Madras HC Upholds Refusal

In brief

The question

Whether the proposed dedication and gift of the pathway constituted development requiring prior approval under the applicable planning law and rules

The court held

The Court held that the Single Judge had correctly dismissed the writ petition and relegated the appellant to obtain the requisite approval from the DTCP before approaching the local authority to gift the land.

It also directed

The writ appeal was dismissed, with no order as to costs.

01Facts

The appellant and other landowners entered into an agreement to dedicate 0.05 acres as a 23-foot-wide pathway for public use, which the appellant sought to gift to Pernambut Municipality. The Municipality rejected the request on the ground that land forming part of a road pattern or unauthorised layout could not be transferred without DTCP approval.

p. 2 · ¶ 2–5

The Single Judge dismissed the appellant’s writ petition, granting liberty to seek layout approval from the DTCP. The appellant appealed, contending, among other things, that the proposal was only a voluntary gift and that Rule 47 of the Tamil Nadu Combined Development and Building Rules, 2019 permitted the gifting of a road

pp. 2–4 · ¶ 2–5

02Issues

i.Whether the proposed dedication and gift of the pathway constituted development requiring prior approval under the applicable planning law and rules

pp. 4–6 · ¶ 7–10

ii.Whether Rule 47 of the Tamil Nadu Combined Development and Building Rules, 2019 entitled the appellant to gift the pathway without first obtaining the required planning approval

pp. 3–6 · ¶ 5.3, 9–10

03Law Applied

Section 47 of the Tamil Nadu Town and Country Planning Act, 1971 provides that, once a development plan is in operation, land may not be used or developed otherwise than in conformity with that plan, subject to the statutory proviso.

p. 5 · ¶ 8

Rule 6 of the Tamil Nadu Combined Development and Building Rules, 2019 prescribes the application process for planning or building permission for development, with fees addressed under Rule 7.

p. 6 · ¶ 9

Rule 47 of the 2019 Rules concerns minimum road-width requirements when an application under Rule 6 is considered; it does not dispense with the need for planning approval.

p. 3, 6 · ¶ 5.3, 9

Provisions in the judgment · 1

Tamil Nadu Town and Country Planning Act, 1971 Section 47

04Reasoning

The Court considered the agreement between the appellant and the other landowners, which contemplated a common pathway providing access to their properties. It concluded that, in substance, the proposal involved forming a layout and developing the land, notwithstanding its presentation as a voluntary gift.

pp. 4–6 · ¶ 7–10

Accordingly, the proposed pathway could not be created and transferred to the Municipality without the approval required under the Act or the 2019 Rules. Rule 47 did not assist the appellant because it prescribed road-width requirements rather than authorising development without approval; the proposed gift could not be used to circumvent the planning regime.

pp. 4–6 · ¶ 7–10