Tuesday, July 10, 2012

TN planning ordinance to amend Town and Country Planning Act


C Shivakumar
Chennai:
In a bid to provide solution to unauthorised constructions made prior to July 1, 2007, the state government is likely to bring in an ordinance to amend Tamil Nadu Town and Country Planning Act 1971 before July 24 by bringing in a new set of guidelines, according to Chennai Metropolitan Development Authority (CMDA) sources.

CMDA sources said on Tuesday that since the amendment to Section 113 (exemption of any land or buildings or class of lands or buildings from all or any of the provision of this Act or rules or regulations) of Town and Country Planning Act is not possible within the July 24 deadline given by the Madras High Court, the plan is to bring in an ordinance to amend the act.

“As the Tamil Nadu assembly is not session, the act can not be amended. As such, the government is planning to bring in an ordinance to amend the act,” CMDA sources said.

Under the amendment, the government is planning to introduce section 113-C and a set of guidelines with stringent enforcement and penal provisions recommended under Justice Mohan Committee Report to manage the problem posed by large scale deviations by buildings and to discourage unauthorized development.

Sources said that under Section 113-C, the government is likely to exempt 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 relating to provisions such as fire and structural safety and floor space index, ensuring adequate parking to the satisfaction of the authority and collections of penal fee at the rates prescribed by government with a view to improve the infrastructure in the area concerned to reduce public inconvenience and to ensure public safety.

Sources said the new guidelines ‘The Application, Assessment and Collection of Penal Fee Rules 2012’ will be applicable to the areas covered by the provisions of Tamil Nadu Town and Country Planning Act is under preparation. Sources said under the guideline, it is proposed that the application for assessment and collection of penal fee shall be made for any unauthorized or deviated development completed on or before July 1, 2007.

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