S.DHANALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed to issue a writ of certiorari calling for the records of the second respondent relating to the order and notification bearing Roc.No.31604/2004 DP-1, dtd. 12/9/2006 published in the T.N.Govt Gazettee No.38 dtd. 27/9/2006, and order and notification bearing Roc.No.14607/2007/DP-1 dtd. 31/3/2008 on the file of the second respondent and quash the same.

(2.) The case of the petitioner is that Aravankadu area consisting of 164 acres of agricultural lands, is situated adjacent to the Salem Town. The owners of those agricultural lands have converted the same into residential plots by way of layouts and the same was approved by the planning authority. Thereafter, all the plots were sold out to various third persons. The purchasers also constructed houses in their respective plots. Therefore, the entire area already has been developed as residential area in accordance with the provisions contained in Tamilnadu Town and Country Planning Act, 1971 (hereinafter called as TNT and CP Act) and renamed as Sankar Nagar. Therefore, there is absolutely no need or necessity to once again develop such a developed area by way of preparing a development plan either under Tamilnadu Town Planning Act, 1920 or now under the Tamilnadu Town and Country Planning Act, 1971. While being so, the fifth respondent herein prepared a development plan for such developed area in the name of Periyeri Town Planning Scheme by GO.Ms.No.2467, R.D. and L.A. Dept dtd. 15/12/1969. The first respondent sanctioned the said scheme as contemplated under Sec. 14 (3) of the Tamilnadu Town Planning Act, 1920 and published the same in the Government Gazette on 21/1/1970.

(3.) Per contra, the fourth respondent filed counter and denied all the allegations generally. Further stated that Town Planning Scheme is under implementation. Change of scheme is permitted under Sec. 33 (1) of TNT and CP Act, 1971 and there is provision to make sure about the implementation of the scheme under Sec. 33 (2) of the said Act. Till such time, the scheme already sanctioned will be in force. Before making such variation, the owners of the houses and house sites in the area are consulted as required under Sec. 21 of the TNT and CP Act, 1971 and the procedures were strictly followed as required under the Preparation and Sanction of Detailed Development Plan Rules. Therefore, he prayed for dismissal of the writ petition.