JONES VICTOR JOSEPH Vs. THE DIRECTOR

JUDGEMENT

(1.) The prayer sought for in this writ petition is to direct the respondents 1 and 2 to release the petitioners' land to an extent of 3.97.05 Hectors in Survey Nos.227/2E2, 227/2E4, 227/2E6, 227/1G, 227/2E1B, 227/2E3, 227/2E5 and 227/2E7 earmarked for the ?Nanjikottai Detailed Development Plan No.2? treating the ?Nanjikottai Detailed Development Plan No.2? of Thanjavur Local Planning area as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

(2.) The petitioners would state that on 22.06.2011, Nanjikottai Detailed Development Plan No.2 have been prepared by the respondents and the petitioners' lands were also earmarked and a publication in Government Gazette was issued in G.O.No.23, dated 22.06.2011.

(3.) The petitioners would claim that pursuant to the notification, the respondents have not taken any steps to acquire the lands, nor issued any notice for acquisition of lands under sections 36 and 37 of the Act. Since no action was taken for a period of six years, as per Section 38 of the Act, the entire proceedings lapsed. Hence, the petitioners made representation to the second respondent dated 06.10.2017 requesting them to release the land. Since, no order was passed, the present writ petition has been filed for the relief as stated supra.