Madras high court on Tuesday directed the authorities to pay `5,000 each as cost to 39 people whose land parcels were notified for acquisition but were neither acquired nor utilised for development plans in various districts.Justice B Pugalendhi gave the direction while making an adverse inference that none of the development plans which are notified are implemented completely by the state by acquiring the land earmarked for public purpose.
The court was hearing a batch of petitions filed by people seeking to release their lands according to Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, since they were not acquired for the purpose specified under the development plans.
The judge observed that the properties of the petitioners were identified for future development under the development plans and notified in the government gazette around 10 years ago. Any property, identified and notified as land required for the development plans, ought to have been acquired within five years as per Sub-Section 2 of Section 38 of the Act. If not, these shall be deemed to be lapsed from such reservation.
The authorities, as an empty formality, have notified the lands of the petitioners under the plans for the public purpose with no sincere steps to acquire the same and the government also plays a role by not allocating any funds. Eventually, it is the petitioners / land owners, who are the victims as they have been unlawfully deprived from utilising their properties for years and it is the government which has to suitably compensate them for the same.
Taking into account the fact that several similar cases have been filed before the court, the judge observed that this court had directed authorities to file their response as to the number of master plans, regional plans and detailed development plans notified in the past and the extent to which such plans are implemented by the government. However, no response was filed.
Therefore, this court takes an adverse inference that none of the development plans are implemented completely by the state by acquiring the lands earmarked for public purpose.
Hence, the judge ordered release of the lands of the petitioners from the respective development plans and directed the director of town and country planning to pay a cost of `5,000 each to the petitioners within a month.
