TAMIL NADU TOWN AND COUNTRY PLANNING ACT 1971
(1) This Act may be called the Tamil Nadu Town and Country Planning Act, 1971.
(2) It extends to the whole of the State of Tamil Nadu except the places declared to be cantonments under section 3 of the Cantonments Act, 1924 (Central Act II of 1924).
(3) It shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas and for different provisions of this Act.
In this Act, unless the context otherwise requires,--
(1) "agriculture" includes horticulture, fruit-growing, seed-growing, dairy-farming, livestock-breeding, the use of land as grazing land, or any other use of land where such other use is ancillary to any agricultural purposes; but does not include the use of any land attached to a building for the purpose of a garden to be used along with such building; and "agricultural" shall be construed accordingly;
(2) "amenities" includes streets, open spaces, parks, recreational grounds, play-grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;
(3) "appropriate planning authority" or "planning authority" means a "regional planning authority", a "local planning authority
Section 2 of the Tamil Nadu Town and Country Planning Act, 1971, provides definitions crucial for interpreting the provisions of the Act. It lays down the key terms used throughout the legislation, establishing the scope and application of various concepts related to urban and rural planning, development, and regulation of land use in Tamil Nadu.
Section 2 contains a series of definitions, including but not limited to:- "Development" (Section 2(13)): Encompasses carrying out of works contemplated in plans, changes in land or building use, and other operations.- "Appropriate planning authority" (Section 2(3)): Includes regional, local, and new town development authorities.- "Amenities" (Section 2(2)): Includes streets, parks, open spaces, utilities, and services.- "Local authority" (Section 2(23)): Covers municipal corporations, municipal councils, panchayats, and other local bodies.- "Building" (Section 2(7)): Includes structures used for habitation, storage, or other purposes, even on wheels or vessels.
Section 2 itself does not prescribe punishments; it is primarily definitional. Penalties and enforcement mechanisms are detailed in other sections, such as Sections 80-A (revision), 113 (unauthorized development), and 56 (removal of unauthorized development).
In summary, Section 2 of the Tamil Nadu Town and Country Planning Act, 1971, is pivotal in establishing a clear, comprehensive legal framework for land use regulation, planning, and development in Tamil Nadu. Its detailed definitions underpin the enforcement of planning laws, resolution of disputes, and formulation of development policies, ensuring legal certainty and effective governance.
The Government shall appoint a Director of Town and Country Planning and such number of officers as they think fit.
There shall be the following classes of Town and Country Planning Authorities for the purposes of this Act, namely:--
(a) The regional planning authority;
(b) The local planning authority; and
(c) The new town development authority.
(1) The Government may constitute for the State, a Board called the Tamil Nadu Town and Country Planning Board.
(2) The Board shall consist of a Chairman who shall be the Minister- in-charge of Town and Country Planning and of the following members, namely:--
(a) the Minister-in-charge of Local Administration;
(b) such Secretaries to the Government in the departments dealing with the following subjects, namely:--
(i) Town and Country Planning;
(ii) Local Administration;
(iii) Health;
(iv) Industries;
(v) Housing;
(vi) Revenue;
(1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Board shall be to guide, direct and assist the planning authorities, advise the Government in matters relating to planning and the development and use of rural and urban land in the State and to perform such other functions as the Government may, from time to time, assign to it.
(2) In particular and without prejudice to the generality of the foregoing provision, the Board may and shall, if so required by the Government--
(a) direct the preparation of development plans by planning authorities, undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology;
(b) prepare and furnish reports relating to the working of thi
(1) For the purpose of the assisting the Board in exercising such of its powers, discharging such of its duties or performing such of its functions as may be specified by it, the Board may constitute one or more committees.
(2) Any committee constituted under sub-section (1) shall consist of such members as may be specified by the Board and shall also include the Chairman.
(3) The Board shall have the power to co-opt as a member of any committee constituted under sub-section (1) any person who is not a member of the Board.
Every regional planning authority, local planning authority or the new town development authority shall be a body corporate and shall have perpetual succession and a common seal and, subject to such restriction or qualification imposed by or under this Act or any other law may sue or be sued in its corporate name, or acquire, hold or dispose of property, movable or immovable, or enter into contracts and do all things necessary, proper or expedient for the purpose of its constitution.
(1) Every planning authority may appoint such officers and servants as it considers necessary for the efficient performance of its functions.
(2) The remuneration and other conditions of service of the officers and servants appointed under sub-section (1) shall be such as may be prescribed by regulations.
1(1)With effect from such date as the Government may, by notification in the Tamil Nadu Government Gazette, appoint in this behalf, there shall be established for the 1[Chennai] Metropolitan Planning Area an authority by the name of the 1[Chennai] Metropolitan Development Authority.
(2) The 1[Chennai] Metropolitan Development Authority established under sub-section(1) shall consist of--
(a) twelve persons appointed by the Government of whom--
(i) one shall be the Chairman;
(ii) one shall be the Vice-Chairman;
(iii) six shall be officers of the Government;
(iv) two shall be members of the State Legislature;
(v) one sh
The Metropolitan Development Authority shall be a body corporate and shall have perpetual succession and a common seal and, subject to such restriction or qualification as may be imposed by or under this Act or any other law, may sue or be sued in its corporate name or acquire, hold or dispose of property, movable or immovable, or enter into contracts and do all things necessary, proper or expedient for the purpose of its constitution.
(1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Metropolitan Development Authority shall be--
(i) to carry out a survey of the 1[Chennai] Metropolitan Planning Area and prepare reports on the surveys so carried out;
(ii) to prepare a master plan or a detailed development plan or a new town development plan referred to, under sub-section (2) of section 17 or under section 20 or under section 18, as the case may be, for the 1[Chennai] Metropolitan Planning Area;
(iii) to prepare an existing land use map and such other maps as may be necessary for the purpose of preparing any development plan;
(iv) to cause to be carried out such works as are contemplated in any development plan;
In regard to the Metropolitan Development Authority and to any development plan prepared by it, the provisions of this Act shall apply, subject to the following modifications, namely:--
(1) in section 2,--
(a) in clause (3), the expression "and includes the Metropolitan Development Authority established under section 9-A", shall be added at the end;
(b) in clause (14), after the expression "new town development authority", the expression "or the Metropolitan Development Authority" shall be inserted;
(c) in clause (30), for the expression "or a site for a new town", the expression "a site for a new town or the 1[Chennai] Metropolitan Planning Area" shall be substituted;
(2) in section 4, after clause (c),
1(1)Notwithstanding anything contained in this Act, the 2[Chennai] Metropolitan Development Authority shall fully consult and collaborate the 2[Chennai] Metropolitan Water Supply and Sewerage Board constituted under the 2[Chennai] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978) with respect to any provision regarding water supply or sewerage services and matters connected therewith that may be included in any development plan prepared or to be prepared under this Act for the 2[Chennai] Metropolitan Planning Area or any part thereof.
(2) With respect to any such development plan, the execution of or the carrying out of any work under such plan shall, in so far it relates to water supply and sewerage service or matters connected therewith, be entrusted to and be the sole responsibility of the 2[Chennai] Metropolitan Water Supply and Sewerage Board, and if
1[(1) The Government may, by notification in the Tamil Nadu Government Gazette,--
(a) from time to time declare their intention to specify any area in the State (other than the 2[Chennai] Metropolitan Planning Area) to be a regional planning area after taking into consideration--
(i) the population of such area which shall not be less than the minimum and more than the maximum as may be prescribed;
(ii) the development of such area for industrial or commercial purposes; or
(iii) such other matters as may be prescribed;
(b) from time to time declare their intention to specify any area in the State (other than the 2[Chennai] Metropolitan Planning area) to be a local planning area after taking into considera
(1) As soon as may be, after declaration of a regional planning area, a local planning area or the designation of a site for a new town under section 10, the Government may, in consultation with the Director, constitute for the purpose of the performance of the functions assigned to them, an authority called the "regional planning authority", the "local planning authority", or the "new town development authority", as the case may be, for that area having jurisdiction over it:
Provided that, in case where the local planning area consists of the area under jurisdiction of a single local authority, the Government may declare such local authority as the local planning authority for that area.
(2) The regional planning authority constituted under subsection (1) shall consist of--
(a) the Chairman t
(1) Subject to the provisions of this Act and the rules made thereunder, the functions of--
(a) every regional planning authority shall be --
(i) to carry out a survey of the region and prepare reports on the surveys so carried out;
(ii) to prepare an existing land use map and such other maps as may be necessary for the purpose of preparing a regional plan;
(iii) to prepare a regional plan;
(iv) to carry out or cause to be carried out such works as are contemplated in the regional plan.
(b) every local planning authority shall be --
(i) to carry out a survey of the local planning area and prepare reports on the surve
On the constitution of a new town development authority for any new town, the local authority or authorities functioning, within the area designated under this Act as a site for the new town, immediately before such constitution shall cease to exercise the powers and discharge the duties and perform the functions which the said new town development authority is competent under this Act.
(1) The appropriate planning authority may associate with itself, in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may consider necessary in performing any of its functions under this Act.
(2) Any person associated with the appropriate planning authority under sub-section (1) for any purpose shall have the right to take part in the discussions of the said authority relevant to that purpose but shall not have the right to vote and shall not be a member for any other purpose.
(1) As soon as may be, after the declaration of a regional planning area under section 10 and after the constitution of the appropriate planning authority under section 11, the regional planning authority shall, within such time as may be prescribed and after consulting the Director, prepare and submit to the Government, a plan hereinafter in this Act called the "regional plan" for the regional planning area or any part of it.
(2) The regional plan may propose or provide for all or any of the following matters, namely:--
(a) the manner in which the land in the region shall be used and in particular, the general locations of land and the extent to which the land may be used for residential, industrial, commercial, agricultural and recreational purposes or as forest or for mineral exploitation;
Every local planning authority shall, within such time as may be prescribed, prepare a present land and building use map hereinafter called "the map" indicating the present use of lands and buildings in the planning area:
Provided that if any local authority has been declared as the local planning authority of any area under sub-section (1) of section LI and such local authority has prepared a map of the area before the date of commencement of this Act in that area, then, the map already prepared by such local authority shall be deemed to be a map prepared under this section.
Explanation.-- For the purpose of this section, the present land and building use shall be the predominent use to which the land or the building, as the case may be, is put to on the date of preparation of the map by the local planning authority.
(1) As soon as may be, after the declaration of a local planning area under section 10 and after the constitution of the appropriate planning authority under section 11, the local planning authority shall, within such time as may be prescribed and after consulting the regional planning authority and the local authorities concerned, prepare and submit to the Government, a plan hereinafter called the "master plan", for the local planning area or any part of it and such other area or areas contiguous or adjacent to the local planning area, as the Government may direct to be included in the master plan.
(2) The master plan may propose or provide for all or any of the following matters, namely:--
(a) the manner in which the land in the planning area shall be used;
(b) the allotment or reservation o
(1) As soon as may be, after the designation of the site for a new town under section 10 and after the constitution of the appropriate planning authority under section 11, the new town development authority shall, within such time, as may be prescribed and after consulting the Director, prepare and submit to the Government, a plan hereinafter called the "new town development plan" for the site designated for the new town or any part of it.
(2) The new town development plan may propose or provide for all or any of the matters contained in sub-section (2) of section 17 and such other matters as may be prescribed.
(1) A local planning authority may, by resolution, decide,--
(a) to prepare a development plan to be called the "detailed development plan" in respect of any land within its planning area; or
(b) to adopt with or without modifications a detailed development plan proposed by all or any of the owners of any such land.
(2) The resolution under sub-section (1) shall be published by the local planning authority in the prescribed manner by notification in the District Gazette concerned and such notification shall contain such particulars as may be prescribed and specify the time and place where a plan of the area may be inspected.
(1) A detailed development plan may propose or provide for all or any of the following matters, namely:--
(a) the laying out or relaying out of land, either vacant or already built upon, as building sites;
(b) the construction, diversion, extension, alteration, improvement or closure of lanes, streets, roads and communications;
(c) the construction, alteration, removal or demolition of buildings, bridges and other structures;
(d) the acquisition by purchase, exchange or otherwise of any land or other immovable property within the area included in the detailed development plan whether required immediately or not;
(e) the redistribution of boundaries and the reconstitution of plots belonging to owners of pr
The local planning authority shall, within such times as may be prescribed and after consulting in the prescribed manner, the owners of lands and buildings in the area, prepare and submit a detailed development plan to the Director.
Notwithstanding anything contained in sections 15, 17 and 18, the Government may, by notification, require a regional planning authority or a local planning authority or a new town development authority to prepare and submit to the Government before a fixed date a regional plan or a master plan or a new town development plan, as the case may be, in respect of any area.
Notwithstanding anything contained in sections 19 and 21, the Director in respect of any area, after making such inquiry as he may deem necessary, by notification, require a local planning authority, to prepare and submit to him before a fixed date, a detailed development plan.
(1) As soon as may be, after the regional plan, the master plan or the new town development plan has been submitted to the Government, but not later than such time as may be prescribed, the Government may direct the appropriate planning authority to make such modifications in the regional plan, the master plan or the new town development plan, as they think fit and thereupon the appropriate planning authority shall make such modifications and resubmit it to the Government.
(2) The Government shall, after the modifications, if any, directed by them, have been made, give their consent to the appropriate planning authority to the publication of a notice under section 26 of the preparation of the regional plan, the master plan or the new town development plan.
(1) As soon as may be, after the detailed development plan has been submitted to the Director but not later than such time as may be prescribed, the Director may direct the local planning authority to make such modifications in the detailed development plan as he thinks fit in the public interest and thereupon the local planning authority shall make such modifications and resubmit it to him.
(2) The Director shall, after the modifications, if any, directed by him, have been made, give his consent to the local planning authority to the publication of a notice under sub-section (1) of section 27, of the preparation of the detailed development plan.
(1) As soon as may be, after the appropriate planning authority has received the consent of the Government under sub-section (2) of section 24 to the publication of the notice, the appropriate planning authority shall publish the notice in the Tamil Nadu Government Gazette, and in leading daily newspapers of the region of the preparation of the regional plan, the master plan or the new town development plan, as the case may be, and the place or places where copies of the same may be inspected, inviting objections and suggestions, in writing, from any person in respect of the said plan within such period as may be specified in the notice:
Provided that such period shall not be less than two months from the date of the publication of the notice in the Tamil Nadu Government Gazette.
(2) After the expiry of the period mentioned in sub-sectio
(1) As soon as may be, after the local planning authority has received the consent of the Director under sub-section (2) of section 25 to the publication of the notice, the local planning authority shall publish the notice in the Tamil Nadu Government Gazette, and in leading daily newspapers of the region of the preparation of the detailed development plan and the place or places where copies of the same may be inspected, inviting objections and suggestions, in writing, from any person in respect of the said plan within such period as may be specified in the notice:
Provided that such period shall not be less than two months from the date of the publication of the notice in the Tamil Nadu Government Gazette.
(2) After the expiry of the period mentioned in sub-section (1), the local planning authority shall allow a reasonable opportunity
As soon as may be, after the submission of the regional plan, the master plan or the new town development plan but, not later than such time as may be prescribed, the Government may, after consulting the Director, either approve the said plan or may approve it with such modifications, as they may consider necessary, or may return the said plan to the appropriate planning authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf and resubmit it to the Government for approval.
As soon as may be, after the submission of the detailed development plan, but not later than such time as may be prescribed, the Director may, either approve the said plan or may approve it with such modifications, as he may consider necessary, or may return the said plan to the local planning authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Director may issue in this behalf and resubmit it to him for approval.
(1) The approval of the Government to a regional plan, a master plan or a new town development plan under section 28 shall be published by the Government by a notification in the Tamil Nadu Government Gazette and in leading daily newspapers of the region and such notification shall state the place and time at which the said plan shall be open to the inspection of the public.
(2) A notification published under sub-section (1) shall be conclusive evidence that the regional plan, the master plan or the new town development plan, as the case may be, has been duly made and approved. The said plan shall come into operation from the date of the publication of such notification in the Tamil Nadu Government Gazette.
(1) Immediately after the detailed development plan has been approved by the Director, the local planning authority shall publish a notice in the Tamil Nadu Government Gazette and in the leading daily newspapers of the region of the approval of the detailed development plan and such notice shall state the place or places and time at which the said plan shall be open to the inspection of the public.
(2) A notice published under sub-section (1) shall be conclusive evidence that the detailed development plan has been duly made and approved. The said plan shall come into operation from the date of publication of such notice in the Tamil Nadu Government Gazette.
(1) A regional plan, master plan or new town development plan approved under section 28 may, at any time, be varied or revoked by a subsequent regional plan, master plan or new town development plan, as the case may be, prepared and approved under this Act.
(2) (a) Once in every ten years after the date on which the regional plan for an area comes into operation, the regional planning authority may, and if so directed by the Government shall, after carrying out such fresh surveys as may be considered necessary and in consultation with the Director, review the regional plan and make such modifications in such plan wherever necessary and submit the modified regional plan for the approval of the Government.
(b) Once in every five years after the date on which the master plan for an area comes into operation, the local planning authority
(1) A detailed development plan approved under section 29 may, at any time, be varied or revoked by a subsequent plan prepared and approved under this Act.
(2) The provisions of sections 27, 29 and 31 with such modifications as may be necessary shall apply to such subsequent plan referred to under sub-section (1).
(3) The Government may, at any time, by notification in the Tamil Nadu Government Gazette, vary or revoke the detailed development plan prepared and approved under this Act.
Every detailed town planning scheme notified, submitted or sanctioned under the Tamil Nadu Town Planning Act, 1920 (Tamil Nadu Act VII of 1920) together with any variation made thereto shall, for purposes of this Act, be deemed to be a detailed development plan made under the Act and all actions taken under the said Act in respect thereof shall be deemed to have been taken under this Act.
1Notwithstanding anything contained in this Act or in any other law relating to local authorities for the time being in force, or in any detailed development plan, made or deemed to be made under this Act, the Municipal Corporation of 2[Chennai] may sanction any buildings plan,--
(i) providing for the construction of more than one dwelling-house on any one site; or
(ii) providing for the construction of any building with variation in regard to requirement of plot extent or plot coverage or open space.]
PROVISION NOT INCOPORATED IN THE ACT
Section 3 of the Tamil Nadu Town and Country Planning Act, 1981 (Tamil Nadu Act 40 of 1981) which was not incorporated in the Principal Act is as follows:
Validation of
Notwithstanding anything contained in this Act or in any other law relating to local authorities for the time being in force or in the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908), any development plan prepared under this Act may, among other matters as provided for in the foregoing provisions, also propose or provide for all or any of the following matters, namely:--
(i) the suspension, restriction or modification, so far as may be necessary for the proper carrying out of such development plan, of any provision in the 1[Chennai] City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or the Tamil Nadu Panchayats Act, 1958* (Tamil Nadu Act XXXV of 1958), or any other law relating to local authorities for the time being in force, or in any rule, by-law or regulation made under the
Any land required, reserved or designated in a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central Act I of 1894) and may be acquired under the said Act as modified in the manner provided in this Act.
(1) Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan or a new town development plan, as the case may be, any land is required, reserved or designated in such plan, the appropriate planning authority may, either enter into agreement with any person for the acquisition from him by purchase of any land which may be acquired under section 36 or make an application to the Government for acquiring such land under the Land Acquisition Act, 1894 (Central Act I of 1894):
Provided that if the value of such land exceeds fifty thousand rupees, the appropriate planning authority shall not enter into such agreement without the previous approval of the Government.
(2) On receipt of an application made under sub-section (1), if the Government are sati
Legal Comments
Introduction - Section 37 and Section 38 interplay under the Tamil Nadu Town and Country Planning Act, 1971 governs acquisition or deemed release of lands reserved in development plans when acquisition steps are not completed within prescribed timeframes. [“Director, Town & Country Planning, Chennai VS M. Dasarathan”][“Y. Anthoniyammal VS Director, Town and Country Planning, Chennai”]
Section 37(2) – Power to purchase or acquire lands and for declaring necessity for public purpose; proviso bars declarations after three years from notice publication; acquisition proceedings must be pursued in that period. [“M. Rukmani VS Director of Country Planning, Opposite to LIC, Chennai”][“P. Ramakrishnan VS Secretary Tamil Nadu Housing and Urban Development, Chennai”]
Section 38 – Release of land if no declaration under Section 37(2) is published within three years or if land is not acquired by agreement; deemed release from reservation/ designation. This deeming fiction is frequently invoked to dereserve lands where acquisition did not proceed in time. [“02100136573”][“B. T. Asokan VS Director, Town & Country Planning, Chennai”]
Essential ingredients - (i) publication of notice under Sections 26/27; (ii) failure to publish declaration under Section 37(2) within three years or failure to acquire by agreement; (iii) consequent deeming release under Section 38; (iv) court may direct release or dereservation. [“S. Balakrishnan VS Virudhunagar Municipality, through its Commissioner, Virudhunagar”][“02100132739”]
Scope of Section 37/38 – The provisions apply to lands reserved for public purposes in development plans (regional/master/detailed/new town plans) and bind both acquisition authorities and local authorities to act within time limits; non-compliance enables release. [“M. S. Mohamed Hadi VS Secretary to Government, Housing Board and Urban Development Department, Chennai”][“02100152884”]
Case framing – Courts have consistently held that when lands earmarked for public purpose are not acquired within the stipulated periods, the reservation lapses and lands may be released to owners; this is a recurring doctrine across multiple judgments. [“R. M. Shanmuganathan VS Director of Town and Country Planning”][“K. Jeyaraman VS Director, Town & Country Planning, Chennai”]
Public purpose and compensation - Where acquisition is contemplated but not completed, owners' rights to use private land may be recognized, and compensation/valuation considerations arise if and when open spaces or public purposes are involved; constitutional protection under Article 300A is noted in some cases. [“Global Waste Recyclers Ltd. VS Government of Tamil Nadu Rep. by its Secretary”][“N. Subramaniam and others VS State of Tamil Nadu and another”]
Locus of challenge - Writ petitions often challenge the deemed release or seek mandamus to release lands from reservations, or challenge open-space de-reservation; courts typically grant relief directing release under Section 38 if conditions are met. [“S. Premalatha VS Director, Town & Country Planning, Chennai”][“K. Jeyaraman VS Director, Town & Country Planning, Chennai”]
Authority and delegation context - Decisions frequently hinge on whether the land is still within a valid and alive development plan; if the plan has lapsed or was not properly finalized, courts may permit release and/or set aside earlier orders, sometimes directing new map or fresh acquisitions. [“Vigneswara Foundations VS Director of Town planning, Town planning office, Anna Salai, Chennai”][“A. Shakila Banu VS Assistant Engineer, Greater Chennai Corporation, Chennai”]
Open space and public trust principle - Several judgments reiterate that lands earmarked as parks/open spaces in layouts must be preserved for public use and cannot be reclassified or dereserved without due process; de-reservation is not freely permitted by government authority under Section 38, as per Pillayar P.K.V.K.N. Trust v. Karpaga N.N.U.S. and related cases. [“Alamunagar Residents Welfare Association, a society registered under the Societies Registration Act, Coimbatore VS State of Tamil Nadu Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Chennai”][“Susila vs Director of Town & Country Planning, Office of the Directorate of Town and Country Planning, Koyambedu, Chennai”]
Interplay with other Acts and exemptions - Where Section 113/113-C exemptions or other planning permissions are involved, courts insist on following statutory procedures; but such exemptions do not override Sections 37-38 where land is reserved and acquisition has not occurred. [“S. Gurushankar VS Government of Tamil Nadu, represented by The Secretary to Government”][“G. Anbuchezheian VS Secretary to Government, The Housing and Urban Development Department”]
Penalties and enforcement - Other provisions (e.g., Sections 56/57 on unauthorized construction) operate alongside the 37/38 framework, and courts enforce due process, sometimes directing demolition or regularization actions consistent with the Act. [“Chennai Metropolitan Development Authority VS Ayisathu Jailani”][“. VS . ”]
Jurisdictional notes - Civil courts are generally barred from granting injunctions or sitting in judgment over notices under Section 56/57 when approvals/permissions under the Act are being pursued; finality provisions under Section 101 guide such limits. [“Chennai Metropolitan Development Authority VS Ayisathu Jailani”]
Practical remedy - Where lands have lapsed under Section 38 due to non-acquisition, petitioners may seek mandamus or directions to release the land, or seek fresh proceedings under the Act, with the court often directing release within a specified timeframe. [“B. T. Asokan VS Director, Town & Country Planning, Chennai”][“K. Jeyaraman VS Director, Town & Country Planning, Chennai”]
Variation and de-reservation caution - The Supreme Court and High Courts have cautioned that de-reservation or altering public spaces post-layout requires compliance with due process; misusing executive orders to reclassify can be struck down. [“Cherukoori Jagannathan vs Secretary, Housing and Urban Development Department”][“V. Nagamani & Another VS The Director of Town and Country Planning, Chennai & Others”]
Application to private layouts vs. public schemes - The principle of Section 38 applies to both government-declared master plans and detailed development plans; however, private layouts with reserved public spaces cannot be unilaterally converted without following the statutory path. [“02100150154”][“02100132739”]
Comparative reference to other jurisdictions - Indian Supreme Court authorities cited (e.g., Pillayar P.K.V.K.N. Trust, Raju S. Jethmalani) underpin the view that private lands reserved for public uses cannot be compulsorily diverted without proper acquisition or legal release. [“G. Anbuchezheian VS Secretary to Government, The Housing and Urban Development Department”][“Director, Town & Country Planning, Chennai VS M. Dasarathan”]
Impact on construction permissions - Where lands are released under Section 38, authorities must adjust planning permissions and consider merits; conversely, where lands remain reserved, planning authorities must pursue acquisition or face invalidity of reservations. [“N. C. Narendran VS Member Secretary, CMDA, CMDA Buildings, Chennai”][“02100145516”]
Final observation - The Act’s deeming provision under Section 38 functions as a safety valve to prevent indefinite reservation; courts consistently use it to facilitate release to landowners where public acquisition has not progressed in time. [“Sams Axis City Promoters Private Limited, rep. by its Director, Chennai VS Member Secretary, Trichirappalli”][“B. T. Asokan VS Director, Town & Country Planning, Chennai”]
Source references - The points above draw on case law and extracts from judgments focusing on Section 37/38 interplay, deeming releases, and the protection of private property rights within Tamil Nadu’s planning framework. Representative references include: Pillayar P.K.V.K.N. Trust v. Karpaga N.N.U.S; Kanahaiyalal v. Anupkumar; Kamakshi Chetty v. Commissioner; Varaganeri South Development Scheme cases; Melapalayam and Coimbatore case lines; and related Writ Petitions across Madras/MDC High Courts. [“G. Anbuchezheian VS Secretary to Government, The Housing and Urban Development Department”][“K. Jeyaraman VS Director, Town & Country Planning, Chennai”][“Alamunagar Residents Welfare Association, a society registered under the Societies Registration Act, Coimbatore VS State of Tamil Nadu Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Chennai”][“R. M. Shanmuganathan VS Director of Town and Country Planning”][“Director, Town & Country Planning, Chennai VS M. Dasarathan”]
If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27--
(a) no declaration as provided in sub-section (2) of section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or
(b) such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.
Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, provides a statutory mechanism for the deemed release of land reserved under development plans if certain conditions are not fulfilled within specified time frames. It aims to prevent indefinite reservation of land without progress in acquisition, thereby facilitating the reversion of such land to private owners or original landholders.
Section 38 states that if within three years from the publication of a notice in the Government Gazette under Sections 26 or 27:- No declaration as per Section 37(2) is published regarding land reserved for public purposes, or- The land is not acquired by agreement,
then the land shall be deemed to have been released from reservation, allotment, or designation. This provision applies to land reserved in regional, master, detailed development, or new town development plans.
Section 38 itself does not prescribe any punishment. Instead, it provides a legal fiction that triggers the release of land if the prescribed conditions are unmet. Violations or non-compliance typically lead to legal challenges or orders for the release of land, as seen in various court judgments.
Deemed Release - Section 38 creates a legal fiction that automatically releases land if acquisition is not initiated within three years, preventing indefinite reservation - [M. S. Mohamed Hadi VS Secretary to Government, Housing Board and Urban Development Department, Chennai].
Time Limit - The three-year period is mandatory; failure to acquire within this period results in deemed release, emphasizing the importance of timely action by authorities - [Ramakrishna Madam Trust VS Director of Town & Country Planning].
Automatic Operation - The operation of Section 38 is automatic upon expiry of the period, without the need for further orders, ensuring land reverts to owners or original landholders - [S. Kanagam Achi VS Director, Town & Country Planning].
Protection of Landowners - It safeguards private landowners from perpetual reservation, ensuring their land is not unjustly withheld from development or sale - [S. Premalatha VS Director, Town & Country Planning, Chennai].
Legal Fiction - The section employs a legal fiction that the reservation ceases if acquisition is not completed within three years, which courts have consistently upheld - [S. Anand VS Secretary, Housing and Urban Development Department].
Scope of Application - It applies to land reserved in various development plans, including regional, master, detailed, and new town plans, broadening its applicability - [M. S. Mohamed Hadi VS Secretary to Government, Housing Board and Urban Development Department, Chennai].
Non-Compliance Consequences - If authorities fail to acquire within the period, landowners can seek legal remedies for release, as courts have repeatedly directed authorities to act accordingly - [B. T. Asokan VS Director, Town & Country Planning, Chennai].
Judicial Interpretation - Courts have interpreted Section 38 as a mandatory provision, and non-compliance leads to deemed release, reinforcing the importance of timely acquisition proceedings - [K. Jeyaraman VS Director, Town & Country Planning, Chennai].
Legal Validity - The section has been upheld as valid and within the legislative competence, with courts emphasizing that it balances development needs with landowner rights - [Singai N. Muthu VS Secretary to Government Housing and Urban Development Department].
Impact on Development - It prevents stagnation of land reservations, facilitating urban expansion and development by ensuring land is not indefinitely held up - [M. S. Mohamed Hadi VS Secretary to Government, Housing Board and Urban Development Department, Chennai].
No Punitive Measures - The section does not prescribe penalties but triggers automatic release, which courts have enforced through writ petitions and orders for release - [S. Premalatha VS Director, Town & Country Planning, Chennai].
Legal Certainty - It provides legal certainty to landowners regarding their rights and the status of their land, reducing arbitrary or delayed acquisitions - [S. Kanagam Achi VS Director, Town & Country Planning].
Court's Role - Courts have consistently enforced Section 38, directing authorities to release land if the prescribed period lapses without acquisition - [B. T. Asokan VS Director, Town & Country Planning, Chennai].
Legal Fiction as a Safeguard - The deeming fiction acts as a safeguard against administrative inertia, compelling authorities to act within time limits - [K. Jeyaraman VS Director, Town & Country Planning, Chennai].
Legislative Intent - The provision reflects legislative intent to promote development while protecting landowners from indefinite reservation - [Director, Town & Country Planning, Chennai VS M. Dasarathan].
Application in Judicial Review - Courts have used Section 38 to review and quash orders that attempt to extend reservation beyond the statutory period, emphasizing its mandatory nature - [S. Anand VS Secretary, Housing and Urban Development Department].
Policy Balance - It balances public development needs with individual property rights, ensuring land is not kept in limbo indefinitely - [Sams Axis City Promoters Private Limited, rep. by its Director, Chennai VS Member Secretary, Trichirappalli].
Legal Precedents - Judicial precedents have consistently upheld the operation of Section 38, affirming its role in land management and urban planning - [M. S. Mohamed Hadi VS Secretary to Government, Housing Board and Urban Development Department, Chennai].
This concise legal commentary underscores the significance of Section 38 as a vital provision ensuring timely land acquisition, preventing indefinite reservation, and safeguarding landowner rights, while also facilitating urban development in Tamil Nadu.
(1) Any person whose property is injuriously affected by virtue of any of the provisions contained in any regional plan, master plan, detailed development plan or a new town development plan made under this Act shall, if he prefers a claim for the purpose to the Tribunal with such particulars and within such period as may be prescribed, be entitled to obtain compensation in respect thereof as determined by the Tribunal:
Provided that property shall not be deemed to be injuriously affected by reason of any of the provisions inserted in any development plan which impose any condition or restriction in regard to any of the matters specified in clause (f) of sub-section (2) of section 15, or in clauses (k) and (1) of sub-section (2) of section 17 or in clauses (m) and (n) of sub-section (1) of section 20, as the case may be.
(2) If, at any t
(1) Subject to any direction given by the Government under this Act, a new town development authority may dispose of any land acquired by it, to such persons, in such manner, and subject to such terms and conditions as it considers expedient for securing the development of the new town in accordance with the new town development plan approved by the Government under this Act:
Provided that, a new town development authority shall not have power, except with the consent of the Government, to sell any land or to grant a lease of any land for a term of more than ninety-nine years, and the Government shall not give consent to any such disposal of land, unless they are satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient.
(2) The powers of a new town development authority in regard t
A new town development authority may make any agreement or enter into any contract with any local authority, local planning authority or statutory body in order to secure the provision of services, such as water supply, drainage including sewerage, electricity, gas within the area of the new town, subject to the power of the Government to modify or disallow such agreement or contract.
Without prejudice to the generality of the powers conferred on a new town development authority under this Act, any new town development authority may, with the consent of the Government, contribute such sums as the Government may determine towards expenditure incurred or to be incurred by any local authority, local planning authority or statutory body in the performance, in relation to the new town of any of their statutory functions, including expenditure so incurred in the acquisition of land.
(1) For the purpose of enabling a new town development authority to defray expenditure properly chargeable to capital account including the provision of working capital, the Government may, make advances to the new town development authority repayable over such periods and on such terms as may be approved by the Government.
(2) For the purpose of enabling a new town development authority to defray any other expenditure, the Government may, make grants to the new town development authority of such amounts as they may decide in this behalf.
(1) Subject to such conditions and limitations as may be prescribed and with the previous approval of the Government, the new town development authority may, for the promotion and execution of works in the new town development plan made under this Act, borrow money from the public or from any corporation owned or controlled by any State Government or by the Central Government.
(2) Whenever the borrowing of any sum of money has been approved by the Government, the new town development authority may, instead of borrowing such sum or any part thereof from the public, take credit from any bank or any corporation owned or controlled by any State Government or by the Central Government on a cash account to be kept in the name of the new town development authority to the extent of such sum or part thereof, and may, with the previous sanction of the Government, grant mortgages of all or an
Without prejudice to the power of a new town development authority under this Act to dispose of any of its property, a new town development authority may, by an agreement made with any local authority, or local planning authority and with the prior approval of the Government, transfer to that local authority or local planning authority any part of its property upon such terms as may be provided for by the agreement and after following such procedure as may be prescribed.
(1) If it appears to the Government in the case of any area designed under this Act as the site for a new town, that there are exceptional circumstances which render it expedient that the functions of a new town development authority under this Act should be performed by the new town development authority established for the purposes of any other new town instead of by a separate new town development authority established for the purpose, they may, in lieu of establishing such a separate new town development authority by order, direct that the said functions shall be performed by the new town development authority, established for the said other new town.
(2) If it appears to the Government that there are exceptional circumstances which render it expedient that the functions of a new town development authority established for the purposes of a new town should be transferred to the
After the coming into operation of any development plan in any area, no person other than any State Government or the Central Government, or any local authority shall use or cause to be used, any land or carry out any development in that area otherwise than in conformity with such development plan:
Provided that the continuance of the use of any land for the purpose and to the extent for, and to which it is being used on the date on which such development plan comes into operation, may be allowed for such period and upon such terms and conditions as may be specified in such development plan.
On or after the date of the publication of the resolution under sub-section (2) of section 19 or of the notice in the Tamil Nadu Government Gazette under section 26, no person other than any State Government or the Central Government or any local authority, shall, erect any building or make or extend any excavation or carry out any mining or other operation, in, on, over or under any land or make any material change in the use of land or construct, form or layout any work except with the written permission of the appropriate planning authority and in accordance with the conditions, if any, specified therein.
(1) Except as otherwise provided by rules made in this behalf, any person not being any State Government or the Central Government or any local authority intending to carry out any development on any land or building on or after the date of the publication of the resolution under sub-section (2) of section 19 or of the notice in the Tamil Nadu Government Gazette under section 26, shall make an application in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed.
(2) The appropriate planning authority shall, in deciding whether to grant or refuse such permission, have regard to the following matters, namely:--
(a) the purpose for which the permission is required;
(b) the suitability of the
Section 49 is a pivotal provision in the Tamil Nadu Town and Country Planning Act, 1971, governing the procedure for obtaining planning permission for development activities. It establishes the framework within which individuals and entities must seek prior approval before undertaking construction or development, ensuring orderly urban planning and regulation of land use.
Section 49 mandates that any person intending to carry out development on land or buildings after the publication of a development or notice in the Gazette must apply in writing to the appropriate planning authority for permission. The section specifies the form, particulars, and documents required, and empowers the authority to grant or refuse permission based on considerations such as purpose, suitability, and future development plans. It also obliges the authority to record reasons for refusal and provide a brief statement upon demand.
Section 49 applies broadly to all development activities requiring prior approval, including construction, alteration, or change of land use. It encompasses both residential and commercial projects, as well as infrastructural developments, within the jurisdiction of the planning authority. The section emphasizes the importance of compliance with existing plans, rules, and regulations, and serves as a check against unauthorized development.
While Section 49 primarily deals with the application process, violations such as undertaking development without permission or contrary to granted approval attract penalties under other provisions, such as Sections 56 and 57, which empower authorities to require removal or sealing of unauthorized constructions. Penalties may include fines, demolition orders, and legal proceedings for non-compliance.
This comprehensive legal framework ensures that development activities in Tamil Nadu are conducted in a lawful, planned, and environmentally sustainable manner, with adequate safeguards for public interest, property rights, and urban aesthetics.
Every permission for development granted under section 49 shall remain in force for a period of three years from the date of such permission:
Provided that the appropriate planning authority may, on application made in this behalf before the expiry of the aforesaid period, extend such period for such time as it may think proper; but such extended period shall, in no case, exceed three years:
Provided further that any expiry of permission shall not bar any subsequent application for fresh permission under this Act.
Nothing contained in section 48 shall apply to the erection of any building or to the making or extension of any excavation or to the carrying out of any mining or other operation or to the making of any material change or to the construction, formation or laying out of any means of access or of works commenced before the date of the publication of the resolution under sub-section (2) of section 19 or of the notice in the Tamil Nadu Government Gazette under section 26.
(1) Where any person, interested in the land or building required or reserved or designated in any development plan, is aggrieved by any order in appeal made under this Act refusing to grant permission or granting permission subject to conditions and if he claims --
(a) that the land or building has become incapable of reasonably beneficial use in the existing state, or
(b) in a case where permission was granted subject to conditions, that the land or building cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with those conditions, he may, within two months from the date of the order in appeal, made under this Act and in the manner prescribed, serve on the Government, a notice (hereinafter referred to as "acquisition notice") requiring the Government to acquire his interest in
(1) Where an order in appeal made under this Act refusing to grant permission, or granting permission subject to conditions, relates to any of the following developments --
(a) the re-erection of a building which has been destroyed or demolished so long as the extent of the original building is not exceeded by more than one-tenth of the plinth area;
(b) the enlargement, improvement or other alteration of any building which is in existence on the date of coming into operation for the first time of a development plan relating to the area so long as the extent of the original building is not exceeded by more than one-tenth of the plinth area;
(c) the carrying out on land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for t
(1) If it appears to an appropriate planning authority that it is expedient, having regard to the development plan prepared, that permission for any development granted under this Act or any other law, should be revoked or modified, the said planning authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as may be necessary:
Provided that --
(a) where the permission relates to the carrying of building or other operation, no such order shall affect such of the operations as have been previously carried out, or be passed after those operations have been completed;
(b) where the permission relates to a change of use of land or building, no such order shall be passed at any tim
(1) Nothing contained in this Act shall be deemed to confer upon any person any right to obtain any compensation in respect of any development made by him on or after the date of the publication of the resolution under subsection (2) of section 19 or of the notice in the Tamil Nadu Government Gazette under section 26, as the case may be, without obtaining the permission as required under section 49 in respect of such development.
(2) Where any property is alleged to be injuriously affected by reason of any of the provisions contained in any development plan, no compensation shall be paid in respect thereof, if or in so far as the provisions are such as would have been enforceable without any compensation under any law, rule or regulation or bye-law at the time in force.
(1) Where any development of land or building has been carried out --
(a) without permission required under this Act; or
(b) in contravention of any permission granted or of any condition subject to which permission has been granted; or
(c) after the permission for development of land or building has been duly revoked; or
(d) in contravention of any permission which has been duly modified, the appropriate planning authority may, within three years of such development, serve on the owner, a notice requiring him within such period, being not less than one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice --
(i) in cases specified in clau
(1) When any department of any State Government or the Central Government or any local authority intends to carry out development of any land or building, the officer-in-charge thereof shall inform, in writing, the planning authority concerned the intention to do so, giving full particulars thereof, and accompanied by such plans and documents at least thirty days before undertaking such development:
Provided that in case where any local authority is the local planning authority under this Act, it shall inform the fact of any such proposed development to the regional planning authority concerned within whose jurisdiction such local authority is situated.
(2) Where a planning authority concerned or the regional planning authority concerned, as the case may be, raised any objection to the proposed development on the ground that the developm
(1) Subject to the provisions of this Act and the rules made thereunder, every planning authority including a local authority, where such local authority is the planning authority, shall levy charges (hereinafter called the development charges) on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act in the whole area or any part of the planning area within the maximum rates specified in section 60:
Provided that the rates of development charges may be different for different parts of the planning area and for different uses:
Provided further that the previous sanction of the Government has been obtained for the rates of levy.
(2) When a planning authority, including a local authority, where such local
(1) (a) For the purposes of assessing the development charge, the use of land and building shall be classified under the following categories:--
(i) industrial;
(ii) commercial;
(iii) residential;
(iv) agricultural; and
(v) miscellaneous.
(b) In classifying the use of land and building under any of the categories mentioned in clause (a), the predominent purpose for which such land and building are used shall be the main basis for such classification.
(2) The rates of development charges shall be determined on the proposed use of land or building--
(a) in the case of de
(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or who has commenced carrying out any such development or has carried out such developments or substituted or changed any such use shall apply to the appropriate planning authority or to the executive authority of the local authority, as the case may be, within such time and in such manner as may be prescribed, for the assessment of development charges payable in respect thereof.
(2) The appropriate planning authority or the executive authority of the local authority, as the case may be, shall on such application being made or if no such application is made, after serving a notice in writing on the person liable to such payment and after calling for a report in this behalf f
Every local authority in the area of a planning authority shall, in regard to the planning area lying within the jurisdiction of such local authority, collect all development charges due under this Act in respect of any development in that area:
Provided that in case where the local authority is the planning authority, the development charges shall be collected by such local authority.
(1) The development charges payable in respect of any land or building shall be a first charge on such land or building, subject to the prior payment of land revenue, if any, due to the Government thereon.
(2) All development charges payable in respect of any land or building by any person shall, together with interest due upto the date of realisation, be recoverable by the local authority concerned from such person or his successor in interest in such land or building, as arrears of land revenue.
1Where any development charges are levied or recovered under the provisions of this Chapter in respect of the use or change of use of land or building or development of any land or building in the 2[Chennai] Metropolitan Planning Area, and if any such charge or any part thereof is relatable to provision for or improvement of water-supply or sewerage service, the 2[Chennai] Metropolitan Development Authority shall pay over to the 2[Chennai] Metropolitan Water Supply and Sewerage Board constituted under the 2[Chennai] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978), such charge or part thereof:
Provided that if there is any doubt or dispute about the amount to be paid over, the matter shall be referred to the Government whose decision thereon shall be final];
_____________________
&nb
(1) The Government may constitute a State Town and Country Planning and Development Fund for the purpose of furthering the town and country planning functions under the Act.
(2) The Government may, from time to time, allocate moneys from the Consolidated Fund of the State to this fund.
(3) Moneys from this fund may be advanced by the Government as grants or loans on such terms and conditions as the Government may determine, to the planning authorities for the performance of their functions under this Act, which may include--
(a) preparation of development plans;
(b) execution of the development plans in full or in part; and
(c) any purpose incidental to the preparation or execution of development plans.
(1) Every planning authority shall maintain a separate Fund called "the Planning and Development Fund Account" (hereinafter called as the "Fund Account").
(2) The Fund Account may be initially established by the planning authorities with the grants, advances or loans obtained from the Government or from the State Town and Country Planning and Development Fund.
(3) Every local authority shall contribute such moneys not exceeding ten per centum of the general fund of such local authority to the Fund Account of the planning authority as the Government may specify, from time to time.
(4) All development charges allocated and moneys received under this Act shall be credited to this Fund.
The Government may, from time to time, make subventions or advance loans to the planning authorities for the purposes of this Act on such terms and conditions as the Government may determine.
(1) Every planning authority shall utilise the moneys from the Fund Account for meeting --
(a) the expenditure incurred in the administration of this Act;
(b) the cost of acquisition of land for purposes of development;
(c) the expenditure for any development or works contemplated in any development plan;
(d) the expenditure for such other purposes as may be required by the planning authority;
(e) the expenditure for such other purposes as the Government may direct.
(2) No part of the Fund Account shall be appropriated, transferred or otherwise utilised by the planning authority for any purpose other than of making and execution of any development plan or for a
(1) Every planning authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the financial year next ensuing showing its estimated receipts and expenditure under the Fund Account and shall forward to the Government such number of copies thereof as may be prescribed.
(2) The Government shall, on receipt of such budget estimates, in consultation with the Director either approve the same with or without modifications or direct the planning authority to make such modifications as they may consider necessary.
(1) Every planning authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.
(2) The account of every planning authority shall be audited annually by such auditor as the Government may appoint in this behalf and any expenditure incurred in connection with such audit shall be payable from out of the Fund Account.
(3) The auditor appointed under sub-section (2) shall, in connection with such audit, have such rights, privileges and authority as may be prescribed; and in particular, such auditor shall have the right to demand the production of books, accounts, connected vouchers and other documents and to inspect any of the offices of the planning authorities.
(4) The accounts of ev
(1) The Board shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and before such date as may be prescribed.
(2) Every planning authority shall prepare for every year a report of its activities during that year and submit the report to the Director in such form and before such date as may be prescribed and the Director shall consolidate the reports and submit the same to the Government through the Board.
(1) The Government may constitute as many Tribunals as may be necessary for --
(a) deciding disputes relating to levy or assessment of development charges;
(b) determining the amount of compensation and other questions relating to the payment of compensation;
(c) deciding disputes in respect of matters mentioned in clause (k) of sub-section (1) of section 20; and
(d) deciding disputes in respect of matters mentioned in section 35.
(2) The Tribunal shall consist of one person only who shall be a Judicial Officer not below the rank of Subordinate Judge.
(3) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1
The Tribunal may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for carrying on its business, and the remuneration and other conditions of service of such officers and servants shall be such as may be prescribed.
(1) The Tribunal shall proceed to inquire in the prescribed manner into every claim preferred under section 39.
(2) The Tribunal shall after such inquiry, determine the amount of compensation payable.
(3) If any question is referred by the appropriate planning authority to the Tribunal for its decision under section 53 (3) or 54 (3), the Tribunal shall decide such question and determine the amount of compensation.
(4) The Tribunal shall give to the claimants or their representatives, notice in writing of the amount of compensation determined under sub-section (2) or sub-section (3).
(1) In determining the amount of compensation, the Tribunal shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 (Central Act I of 1894), and as regards matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case.
(2) If, in any case, the exercise of any right in the property is injuriously affected for a time only, the compensation shall be awarded only in respect of the period during which the exercise of such right in the property is so injuriously affected.
(3) The amount of compensation determined under this Act shall be paid by the appropriate planning authority to the person or persons entitled thereto, at his or their option,--
(a) in cash in such annual instalments w
(1) Where a person is entitled to compensation under this Act in respect of any matter or thing, and he would be entitled to compensation in respect of the same matter or thing under any other Act, he shall not be entitled to compensation in respect of that matter or thing under both the Acts, nor shall he be entitled to any larger compensation under this Act than he would be entitled to under the other Act.
(2) The planning authority concerned who has been ordered to pay any compensation to any person under section 74, may, within three months from the date of communication of any order of payment of the compensation in respect of property injuriously affected, make an application to the Government to sanction the withdrawal or modification of all or any of the provisions of any development plan or the cancellation or the variation or revocation of the development plan which gave
(1) Any person objecting to any decision or order taken or passed by the planning authority under the provisions of Chapter VII of this Act may, within a period of two months from the date on which the decision or order was communicated to him in the manner prescribed, appeal against such decision or order to the Director:
Provided that the Director may admit an appeal preferred after the expiration of the said period, if he is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period:
Provided further that no appeal shall be entertained under this sub-section unless it is accompanied by satisfactory proof of the payment of the development charges admitted by the appellant to be due.
(2) The appeal shall be in the prescribed form and shall be verifi
(1) Any person objecting to an order passed by the Director under sub-section (3) of section 76 may, within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal:
Provided that the Tribunal may admit an appeal preferred after the expiration of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.
(3) In disposing of an appeal, the Tribunal may, after giving the appellant an opportunity of making his representation --
&n
The District Court may, of its own motion or on an application, call for and examine the record of any Tribunal in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision, or order passed thereon and if, in any case, it appears to the. District Court that any such proceeding, decision or order should be modified, annulled or reversed or remitted for reconsideration, it may pass orders accordingly:
Provided that the District Court shall not pass any order prejudicial to any party unless such party has been given an opportunity of being heard.
Explanation.-- For the purposes of this section, District Court shall mean --
(i) in the City of 1[Chennai], the City Civil Court; and
&
(1) Any person aggrieved by any decision or order of the planning authority under section 49 or sub-section (1) of section 54 may appeal to the prescribed authority.
(2) An appeal under sub-section (1) shall be preferred within two months from the date on which the decision or oder was communicated to him in the manner prescribed, but the prescribed authority may admit an appeal preferred after the said period of two months if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(3) In disposing of an appeal, the prescribed authority may, after giving the parties an opportunity of making their representations, pass such order thereon as the prescribed authority may deem fit.
(4) The decision or order of the prescribed authority on such a
(1) The Director may, of his own motion or on application, call for and examine the record of any officer subordinate to him and the Government may, of their own motion or on application, call for and examine the record of the Director, in respect of any proceeding not being a proceeding in respect of which any appeal or revision or review to the Director or the Tribunal or the District Court, as the case may be, is provided for by sections 76 to 78 and 81, to satisfy himself or themselves as to the regularity of such proceedings, or the correctness, legality or propriety of any decision or order made therein, and if, in any case, it appears to the Director or Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he or they may pass orders accordingly:
Provided that every application to the Director or the Government for
(1) The appellant or the applicant for revision or the respondent may apply for the review of any order passed under sections 76 to 78 and 80, on the basis of the discovery of new and important facts which, after the exercise of due diligence, were not then within his knowledge or could not be produced by him when the order was made, or on the basis of some mistake or error apparent on the face of the record or for any other sufficient reason:
Provided that no application for review shall be presented more than once in respect of the same order.
(2) Every application for review shall be presented within such time and in such manner as may be prescribed.
(3) The decision or order passed on the application for review shall be final.
(4) The authority
(1) Where any development as described in clauses (a) to (d) of sub-section (1) of section 56 is being carried out, but has not been completed, the appropriate planning authority may serve on the owner and the person carrying out the development, a notice requiring the development to be discontinued from the time of service of such notice.
(2) Where a notice under sub-section (1) has been served, the provisions of sub-sections (3) to (5) of section 56 shall apply with such modifications as may be necessary:
Provided that the provisions of clause (a) of sub-section (4) of section 56 shall not apply to the notice served under sub-section (1) and the notice shall continue to have effect and the development shall not be continued during the period in which the final determination or disposal of application for permission under section 49 is
Any order passed by the Director, Tribunal, the District Court, the Government or the prescribed authority under the provisions of this Chapter shall be enforced by such authority and in such manner as may be prescribed.
(1) Whoever --
(a) contravenes any provision of any of the sections specified in the first column of Schedule I, or
(b) contravenes any rule or order made under any of the specified sections, or
(c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections, shall, on conviction, be punishable with fine which shall not be less than the amount specified in the fourth column of the said Schedule and not more than one thousand rupees.
(2) Whoever after having been convicted of--
(a) contravening any provision of the sections specified in the first column of Schedule II, or
&
Whoever --
(a) wilfully or without any reasonable excuse, disobeys any summons, requisitions or other lawful order or direction issued under or in pursuance of any of the provisions of this Act; or
(b) resists or obstructs any officer or authority in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, such officer or authority by or under any of the provisions of this Act; or
(c) being required by or under any of the provisions of this Act to make any return or to furnish any information --
(i) makes a false return or furnishes false information; or
(ii) wilfully, withholds or fails to furnish information, shall be punis
(1) Where any person --
(a) subject to the proviso to section 47, uses or causes to be used any land or carry out any development in that area otherwise than in conformity with such development plan;
(b) has erected any building or made or extended any excavation or carried out any mining or other operations or made any material change in the use of land or constructed, formed or laid out any work in contravention of section 48 or of any condition specified in any permission referred to in that section;
(c) the appropriate planning authority may, by order, require such person to restore the land or building to its original condition, or to bring the land or building in conformity with any condition specified in such permission within such period as may be specified in the order.
Whoever contravenes any of the provisions of this Act, or of any rule or regulation made or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable --
(a) for the first offence, with fine which shall not be less than five rupees and not more than fifty rupees; and
(b) for a second or any subsequent offence with fine which shall not be less than twenty rupees and not more than two hundred rupees.
(1) Where an offence punishable under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivanc
(1) Where a development plan sanctioned under this Act has provided that any person who commits or knowingly permits a breach of any specified provision of such plan or who neglects or fails to comply with any such provision, shall be punishable under this section, the planning authority concerned shall send to any person who commits or knowingly permits a breach of any such provision of such plan or neglects or fails to comply with any such provision, a notice calling on him to discontinue the breach or cause to be discontinued or to comply with such provision of such plan.
(2) If, after the expiry of one month from the date of receipt of the notice by such person under sub-section (1), the breach or neglect or failure continues, such person shall, on conviction, be punishable --
(i) with fine which may extend to five hundred rupees; an
(1) No Court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the planning authority or by a person expressly authorised in this behalf by such planning authority within three months from the date of the commission of the offence:
Provided that nothing contained in this sub-section shall affect the provisions of the Code of Criminal Procedure, 1898 (Central Act V of 1898), in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion.
(2) No Court inferior to that of a Presidency Magistrate or a Magistrate of first class shall try any offence punishable under this Act.
(1) The Government may, of their own motion or on application, call for and examine the record of any officer or authority in respect of proceedings (not being a proceeding in respect of which any appeal, revision or review is provided for under this Act) to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision passed or order made therein; and if, in any case, it appears to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the Government shall not pass any order prejudicial to any person unless he has had a reasonable opportunity of making his representation.
(2) No application to the Government for the exercise of their power under sub-section (1) shall be ma
(1) The Government or the Director may, by notification, authorise any officer or authority to exercise any of the powers vested in them or him by this Act except the power of the Government to make rules and the power of the Director to hear any appeal preferred under section 76 and may, in like manner, withdraw such authority.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and also to control and revision by the Government or the Director or by such officers as may be empowered by the Government or the Director in this behalf. The Government or the Director shall also have power to control and revise the acts and proceedings of any officer so empowered.
1[ (1) The appropriate planning authority may, subject to such conditions as may be prescribed, authorise by order, any committee or officer specified in such order to exercise any of the powers vested in such appropriate planning authority by this Act and may cancel such order.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the order and also to control and revision by the appropriate planning authority.]
____________________
1 Inserted by Tamil Nadu Act 22 of 1974.
The Government may issue to the planning authority or any other authority or officer (not being the Tribunal or any other appellate authority) such orders and directions as in their opinion are necessary or expedient for carrying out the purposes of this Act and such planning authority or other authority or officer shall give effect to all such orders and directions.
The Government, the planning authority or any other authority or officer, may, at their, its or his discretion, consult such authority or officer, as may be prescribed in exercising any power or discharging any duty or performing any function under or in pursuance of this Act.
Any claim under section 39 or any appeal under sections 76, 77 and 79 or any revision under section 78 or any application for review under section 81 may, notwithstanding anything contained in those sections, be admitted after the period specified for preferring such claim, appeal, revision or making such application for review by or under this Act, if the claimant, appellant or applicant satisfies the appellate authority, Tribunal, District Court or the prescribed authority, as the case may be, that he had sufficient cause for not preferring the claim or appeal or revision or making the application for reveiw within such period.q
The provisions of section 4 and sub-section (1) and subsection (2) of section 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall, so far as may be, apply to any appeal under sections 76, 77 and 79 or revision under section 78 or any claim under section 39 or any application for review under section 81 of this Act.
It shall be the duty of every Police Officer --
(a) to co-operate with the planning authority for carrying into effect and enforcing the provisions of this Act or any rule or regulation made thereunder;
(b) to communicate without delay to the proper officer or servant of the planning authority any information which such Police Officer receives of a design to commit, or of the commission of, any offence against this Act or any rule or regulation made thereunder; and
(c) to assist the planning authority or any officer or servant of the planning authority reasonably demanding the aid of such Police Officer for the lawful exercise of any power vesting in the planning authority or any such officer or servant under this Act or any rule or regulation made thereunder.
It shall be the duty of every village headman, every village accountant, every village watchman and every other village officer, by whatever designation known --
(a) to prevent the destruction, removal, alteration or displacement of, or damage, or injury to, or tampering with any survey mark, or any mark showing the planning boundary or control line; and
(b) when he becomes aware that any such mark has been destroyed, removed, altered, displaced, damaged, injured or tampered with, to report the fact to the nearest planning authority or to the proper officer or servant of such planning authority.
(1) The planning authority or any officer authorised in this behalf by the Government shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Central Act V of 1908), when trying a suit in respect of the following matters, namely:--
(a) discovery and inspection;
(b) enforcing the attendance of any person and examining him on oath;
(c) compelling the production of books of account and other documents; and
(d) issuing commissions.
(2) Any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.
Nothing contained in the Registration Act, 1908 (Central Act XVI of 1908), shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with any development plan (other than the detailed development plan to which the said Act shall apply) which has come into force and any such document, plan or map shall, for the purposes of sections 48, 49 and 50 of that Act, be deemed to have been duly registered in accordance with the provisions of that Act:
Provided that, the documents, plans and maps relating to the development plan shall be accessible to the public in the manner prescribed.
All members, officers and servants of the Board and planning authorities, the members of the committees, the Tribunal and all other persons entrusted with the execution of any function under this Act, shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act or the rules or regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
Any decision or order of the Tribunal or the Government or the planning authority or other authority or of any officer under this Act shall, subject to any appeal or revision or review provided under this Act, be final and shall not be liable to be questioned in any Court of law.
(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under or in pursuance of this Act.
(2) (a) No suit, prosecution or other proceeding shall lie against any planning authority or other authority or officer or person for any act done or purporting to be done under or in pursuance of this Act or the rules or regulations made thereunder without the previous sanction of the Government;
(b) No planning authority or other authority or officer or person shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the exercise of the powers conferred, or discharge of the duties imposed or performance of the functions entrusted, by or under this Act or the rules or regulations made thereunder.
(1) No act done or proceedings taken under this Act shall be questioned on the ground merely of--
(a) the existence of any vacancy in or any defect in the constitution, of the Board or any planning authority;
(b) any person having ceased to be a member of the Board or any planning authority;
(c) any person associated with any planning authority under section 14 having voted in contravention of the said section; or
(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
(e) any omission, defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Board or any planning authority,
The Board, planning authority or the officer of such Board or the planning authority shall furnish to the Government such returns, statistics, accounts and other information as the Government may, from time to time, require.
Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom, usage or contract.
For the purposes of making and execution of any development plan, the planning authorities or the persons appointed by the Government under this Act, their subordinates and contractors shall have the same power to enter upon, survey and set up marks upon any land or building and to do all acts necessary for such purposes subject to the same conditions and restrictions as provided for municipal purposes under Part VI of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), and persons interfering with the exercise of such powers by the planning authorities or persons appointed by the Government, their subordinates or contractors shall be liable to the same penalties.
When any notice, bill or other document is required by this Act, or any rule or regulation made thereunder to be served upon or issued or presented to any person, such service, issue or presentation shall be effected --
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode, or by giving or tendering the same to some adult member or servant of his family; or
(c) if his address elsewhere is known, by forwarding such document to him by registered post under a cover bearing the said address; or
(d) if none of the means aforesaid is available, by causing a copy of such document to be affixed on some conspicuous part of the land or building, if any, to whi
Every public notice given under this Act or any rule or regulation made thereunder shall be given in writing over the signature of such officer who may be authorised in this behalf by the appropriate planning authority and shall be widely made known in the locality to be effected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in leading daily newspapers, or by any two or more of these means, and by any other means that the appropriate planning authority may think fit.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rules or regulations made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notices and other documents of the Board and any planning authority shall be authenticated by the signature of the Secretary to the Board or the Chairman of the planning authority or such other officers as may be authorised by the Board, or the planning authority in this behalf.
1[(1) The provisions of this Act shall be read subject to the provisions of the 2[Chennai] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978)];
1[(2)] Save as otherwise provided in this Act, the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law, 3[custom, usage or contract];
1[(3)] 4[Subject to the provisions of sub-section (1) but notwithstanding] anything contained in any other law --
(a) when permission for development in respect of any land or building has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other
(1) Where the Government are satisfied that the purpose for which any planning authority was established under this Act have been substantially achieved so as to render the continued existence of planning authority
unnecessary, the Government may, by notification in the Tamil Nadu Government Gazette, declare that the planning authority shall be dissolved with effect from such date as may be specified in the notification and the planning authority shall be deemed to be dissolved accordingly.
(2) From the said date --
(a) all properties, funds and dues which are vested in or realisable by the planning authority shall vest in or be realisable by the Government;
(b) all liabilities which are enforceable against the planning authority shall be enforceabl
Notwithstanding anything contained in this Act, the Government may, subject to such conditions as they deem fit, by notification, exempt any land or building or class of lands or buildings from all or any of the provisions of this Act or rules or regulations made thereunder.
1(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government or any officer or authority authorised by the Government, by notification, in this behalf may, on application, by order, exempt any land or building or class of lands or buildings developed on or before 2[31st day of March 2002] in the Chennai Metropolitan Planning Area from all or any of the provisions of this Act or any rule or regulation made thereunder, by collecting regularisation fee at such rate not exceeding twenty thousand rupees per square metre, as may be prescribed. Different rates may be prescribed for different planning parameters and for different parts of the Chennai Metropolitan Area.
(2) The application under sub-section (1) shall be made on or before 2[30th day of June 2002] in such form containing such particulars and with such documents and such a
1[(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government or any officer or authority authorised by the Government, by notification, in this behalf may, on application, by order, exempt any land or class of lands developed on or before 31st day of March 2002 in the municipal areas of the Madurai, Coimbatore, Tiruchirappalli, Tirunelveli and Salem City Municipal Corporations from all or any of the provisions of this Act or any rule or regulation made thereunder, by collecting regularisation fee at such rate not exceeding twenty thousand rupees per square metre, as may be prescribed. Different rates may be prescribed for different planning parameters and for different parts of the municipal areas of the Madurai, Coimbatore, Tiruchirappalli, Tirunelveli and Salem City Municipal Corporations.
(2) The application under sub-secti
When any dispute exists between planning authorities in regard to any matter arising under the provisions of this Act or the rules or regulations made thereunder or any other law and the Government are of opinion that the planning authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute and decide it themselves and the decision of the Government thereon shall be final.
If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, regulation or order made thereunder or of any development plan prepared under this Act, the occupier of such building or land may, in compliance with such directions as may be given in this behalf by the planning authority concerned, execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof, and may deduct the amount thereof from the rent then or thereafter due by him to the owner.
(1) If any police officer not below the rank of a head constable sees any person committing an offence against any of the provisions of this Act or of any rule or regulation or order made thereunder, he shall, if the name and address of such person are unknown to him, and if the said person on demand declines to give his name and address, or gives name and address which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody --
(a) after his true name and address are ascertained, or
(b) without the order of a Magistrate for any longer time, not exceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a Magistrate.
(1) If in the opinion of the Government, any planning authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it by or under any of the provisions of this Act, or any rule or regulation made thereunder, the Government or any person or persons appointed in this behalf by the Government may exercise such power or perform such duty.
(2) Any expense incurred by the Government or by such person in exercising such power or performing such duty shall be paid out of the funds of the planning authority concerned; and if the planning authority concerned fails to pay the expenses, then the Government may make an order directing any person who, for the time being, has custody of any such funds to pay such expenses from such funds and such person shall be bound to obey such order.
Where any local authority which is a planning authority under this Act has been dissolved or superseded and in its place any person has been appointed to carry on the administration of such local authority under any law for the time being in force relating to such local authority, then, notwithstanding anything contained in this Act or in any other law for the time being in force relating to such local authority, the person so appointed in the place of such local authority shall be deemed to be a planning authority for the purposes of this Act, until such local authority has been duly reconstituted under such law relating to such local authority.
A planning authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in any development plan subject to the powers of the Government to modify or disallow such agreement, and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the said plan comes into force.
When any area within the jurisdiction of any local authority is comprised in any development plan made or intended to be made by any planning authority, then, notwithstanding anything contained in any law for the time being in force relating to such local authority, the planning authority shall exercise in connection with such development plan, all the powers conferred upon it by this Act or rule or regulation made thereunder or the said development plan and the local authorities concerned shall be bound to give all information that may be required by the planning authority for the purposes of this Act or rule or regulation made thereunder or the said development plan and to do nothing that will obstruct the lawful exercise of the powers of the planning authority thereunder.
(1) The Government may, by notification in the Tamil Nadu Government Gazette and from a date to be specified in such notification, transfer any proceedings commenced under this Act in respect of any land or building by any planning authority having jurisdiction to any other planning authority having jurisdiction over such land or building.
(2) Before issuing a notification under sub-section (1), the Government shall communicate to the planning authorities affected, the grounds on which they propose to make the transfer, fix a reasonable period for them to show cause against the proposal and consider their objection, if any.
(3) The planning authority to whom a transfer of proceedings is made under sub-section (1) may continue such proceedings from the stage which it had reached on the date specified in the notification.
&n
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for --
(a) the functions and powers of the Board and planning authorities;
(b) the term of office and conditions of service and the manner of filling casual vacancies of the members of the Board (other than the Chairman and official members of the Board) and the non-official members including the Chairman of the planning authorities;
(c) the qualifications and the disqualifications for being chosen as, and for being members of the Board or planning authorities;
(d) the time and place of holding and the procedure to be followed in
1(1)(a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette, and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
2[(2) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the assembly makes any modification in any such rule, or the assembly decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, howev
(1) Any planning authority may, with the previous approval of the Government, make regulations 1[whether prospectively or retrospectively] not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act or the rules made thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for --
(a) the time and place of meeting of the planning authority, the procedure to be followed in regard to transaction of business at such meeting and the quorum necessary for the transaction of such business at a meeting;
(b) the powers and duties of the officers and servants of the planning authority;
(c) the salaries, allowances and conditions of service
(1) The Tamil Nadu Town Planning Act, 1920 (Tamil Nadu Act VII of 1920) (hereinafter referred to as the said Act) is hereby repealed.
(2) Notwithstanding such repeal --
(a) anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or scheme framed, certificate, permit or licence granted or registration effected under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act; and
(b) the betterment fee in respect of any land which any local authority was, immediately before the commencement of this Act, entitled to levy, assess and recover
SCHEDULE I
(See section 83)
Section
Sub-section or clause
Subject
Penalty
(1)
(2)
(3)
(4)
Rs.
47
Failure to use and develop the land in conformity with the development plan.
75
48
&
SCHEDULE II
(See section 83)
47
Failure to use and develop the land in conformity with the development plan.
48
Erection of building or change in use of land without permission.
49
Failure to apply for permission and get permission.
56
(5)
Power to require the removal of unauthorised development.
&n
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
