Thursday, February 2, 2012

TN plans Amendment to Town and Country Planning Act to bail out unauthorized buildings before July 2007


C Shivakumar
Chennai:
The amendment to Tamil Nadu Town and Country Planning Act proposed by Justice Mohan Committee recommendation can bail out unauthorized buildings completed on or before July 1, 2007, according to sources.
Sources told Express that the recommendations to amend the Town and Country Planning Act, including regularization of unauthorized building completed before July 1, 2007 was initiated by the DMK regime which was lax in its approach.
A new subsection Section 113-C has been proposed. It will allow the government to exempt any building developed on or before July 1, 2007, from any provisions of this Act or any rule or regulation made there under, sources said.
Sources said the government is currently working on the guidelines of amendment which the previous government failed to implement. Some of the proposals which include no hazardous activity or industry in a zone other than special and hazardous use zone shall be considered for any exemption under section 113-C besides the floor space index should not exceed 50 per cent of the allowable limit. There is also a proposal to include those buildings which satisfy the fire safety norms, sources added.  
The plans to amend the Town and Country Planning Act comes in the wake of  Madras High Court striking down all regularisation schemes in 2006 barring the one announced in 1999. As a result, buildings completed before February 28, 1999 alone were considered for regularisation by the monitoring committee constituted by the High Court to look into regularisation applications.  
Sources say there is also a proposal not to consider those building with any encroachment, including aerial encroachment, on to a public road or street or any land belonging to the government.

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