Madras HC Declares Puliangudi Land’s 1974 Road Reservation Lapsed After Planning Official Concedes No Acquisition, Orders Plan Update in 12 Weeks

The petitioner sought a declaration that the reservation of his lands in Thirumalai Naicken Pudukudi Village, Puliangudi Municipality, for a proposed EIE1 D.D. Road under Detailed Development Plan No. 4, notified by G.O.Ms.No.1730 RD and LA dated 24 July 1974, had lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. He stated that he had purchased the lands, that revenue records had been transferred to his name, and that the authorities had not acted on his representation seeking release of the lands.

During the proceedings, the Assistant Director of Town and Country Planning stated that no action had been taken to acquire the lands under Section 38.

Sections 37 and 38 of the Tamil Nadu Town and Country Planning Act, 1971 governed the acquisition and release of lands reserved or designated in a development plan. Section 37 provides for acquisition by agreement or through the statutory acquisition process. Under Section 38, where the statutory conditions are met—including the absence, within three years from publication of the relevant notice under Section 26 or 27, of a declaration under Section 37(2) or acquisition by agreement—the land is deemed released from the reservation, allotment or designation.

The Court also relied on its earlier decision in W.P.(MD) No. 20277 of 2024, dated 23 September 2024, which applied Sections 37 and 38 to a reservation for which no acquisition action had been taken.

The Assistant Director’s written instructions confirmed that no action had been taken under Section 38 to acquire the lands notified for the public road, and the authority accepted that the reservation had lapsed and the property stood released.

In light of that concession and the statutory position set out in Sections 37 and 38, the Court held that the reservation could not continue and that the land should be released from the plan.

It directed the respondents to release the lands and update the Puliangudi Municipality Master Plan within 12 weeks of receiving a copy of the order. No costs were awarded.