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2015 DIGILAW 2371 (MAD)

Elephant G. Rajendran v. Chief Secretary, Government of Tamil Nadu

2015-07-03

SANJAY KISHAN KAUL, T.S.SIVAGNANAM

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ORDER : The petitioner, through this Public Interest Litigation expresses concern over conversion of agricultural land to urban use in an unauthorised manner. It is his submission that on account of absence of any restriction on registration, small portions of land get registered, and thereafter, that land area is treated as a whole and sanction to urban use obtained. 2. It is trite to say that when society develops, urbanisation does takes place. However, the urbanisation process should go on in an organised manner so that the planning process of the Government makes it clear as to what lands are to be put to agricultural use and what lands are to be put to urban use. A situation like the aforesaid should not be countenanced where through an indirect process, agricultural land is put to urban use without having prior proper permission. Thus, if a particular area is used for agriculture, even if smaller portions are acquired, there is no reason to grant permissions for conversion of the same to urban use. The designated use as per the plan should be adhered to. This, in turn, requires a clear planning process for the whole state. 3. The aforesaid exercise necessarily has to be an administrative one and to an extent may require legislative changes, for which the Government must seriously apply its mind to the problem. The representation of the petitioner can be treated as a suggestion, but a larger planning process is necessary. We would expect the authorities concerned to look into these aspects and submit a report to this Court. 4. The writ petition accordingly stands disposed of. No costs. Consequently, M.P. Nos. 1 and 2 of 2015 are closed. 5. The report be filed within three months from today. 6. List for compliance on 09.10.2015.