TN passes ordinance to amend TN Town and Country Planning Act

Chennai:

In a bid to provide solution to unauthorised constructions made prior to July 1, 2007, the state government passed an ordinance to amend Tamil Nadu Town and Country Planning Act 1971.

The ordinance which was promulgated by the Tamil Nadu Governor K Rosaiah on July 16 comes in the wake of July 24 deadline given by Madras High Court.

“As the legislative assembly of the state is not in session and the Tamil Nadu governor is satisfied that circumstances exist which render it necessary for him to promulgate the Tamil Nadu Town and Country Planning (Amendment) Ordinance 2012,” the ordinance stated.

As per the ordinance sections 57 (power to stop unauthorized development), 83 , 84 , 85, 86, 88 and 89 (general provisions regarding penalties, punishment and cognizance of offences) of the Town and Country Planning Act has been amended along with an insertion of section 113-C besides set of guidelines in the Act to enhance the penalty amount specified in Schedule 1 of the Act. 

These are the provisions recommended under Justice Mohan Committee Report to manage the problem posed by large-scale deviations by buildings and to discourage unauthorized development.

Interestingly, the insertion of Section 113 C will provide relief to illegal buildings developed on or before July 1, 2007. Under this amendment the government exempts any building developed on or before July 1, 2007 from any of the provisions of this act or any rule or regulation made there under subject to specific guidelines by collecting amount not exceeding three times of the guideline value of the land as may be prescribed.

Following is the enhanced penalty amount prescribed under Schedule I:

Violations                                                                                               Penalty

Failure to use and develop the land in conformity with                             Rs 7,500

the development plan

Erection of building or change in use of land without                                Rs 10,000

permission

Failure to apply for permission and get permission                                  Rs  5000

Power to require the removal of unauthorised development                    Rs 5,000

Power to stop the unauthorised development                                         Rs 5,000

Failure to comply to pay development charges                                      Rs 10,000

Obstruction to the exercise of the power of entry by                             Rs 10,000

government servants or the servants of the planning

authorities.