M F FRANCIS Vs. CHALAKUDY MUNICIPALITY

JUDGEMENT

(1.) The petitioners are owners of small extents of land within Chalakudy Municipality. With a view to take up a detailed town planning scheme restrictions were imposed on the user of the said lands. The petitioners applied for licences to construct houses. They received replies to the effect that the lands are freezed for the purpose of a detailed town planning scheme. The petitioners could not therefore put the lands to the use they wanted to.

(2.) On 1.11.1975 a notification was issued under S.8 of the Town Planning Act. The said notification indicated the properties sought to be included in the scheme. The said scheme was approved by the Government under sub-s. 3 of S.12 of the Town Planning Act. Ext. P2 order dated 6.3.1984 was issued in that behalf. It is the case of the petitioners that as per the said Government order sanction had been granted only as regards the scheme for the purpose of an office complex at Chalakudy. On the scheme of the Act the properties were not acquired within three years of the notification dated 6.3.1984. According to the petitioners since the Government order under the scheme was not followed by a notification within three years of the Government Order, the scheme must be taken to have lapsed. It is submitted that the petitioners cannot be perpetually prevented from using their lands for their own purposes and any such attempt would be unreasonable and violative of their rights under the Constitution of India. The petitioners have therefore filed this Original Petition for a declaration that the Detailed Town Planning Scheme promulgated by the Chalakudy Municipality and approved by the Government as per order dated 6.3.1984 had lapsed under the provisions of the Town Planning Act, for the issue of a writ of mandamus retraining the respondents from interfering with the right of the petitioners to deal with their respective properties included in the notification dated 1.11.1975 and for other incidental reliefs.

(3.) The Chalakudy Municipality filed a counter affidavit contending that the Detailed Town Planning Scheme cannot lapse merely because the lands were not acquired within three years of 6.3.1984, the Government Order approving the scheme and that as soon as funds are available the scheme would be taken up and completed. The lands were needed for a public purpose and no relief should be granted to the petitioners in this proceeding under Art.226 of the Constitution of India.