The Tamil Nadu Laws (Special Provisions) Act, 2008
The Tamil Nadu Legislative Assembly enacted Act No. 56 of 2008, The Tamil Nadu Laws (Special Provisions) Act, 2008, and it was published in the Tamil Nadu Government Gazette Extraordinary after receiving the Governor's assent on 29th November 2008. The Act applies only to the Chennai Metropolitan Planning Area and gives temporary relief for one year from 27th July 2008 by deferring punitive action against certain unauthorized developments while the State Government finalises norms, policy guidelines and strategies. It also repeals the Tamil Nadu Laws (Special Provisions) Ordinance, 2008, while saving actions already taken under that Ordinance.
What this Act is for
The Tamil Nadu Laws (Special Provisions) Act, 2008 is a temporary law for the Chennai Metropolitan Planning Area. It was enacted because the Government said there were many unauthorized developments, pressure on land and infrastructure, pending court cases, and a need for more time to frame policy on deviations, street vendors, hawkers and slum areas.
The Act says the State Government must, within one year from commencement, take all possible measures, with due regard to environment, to finalise norms, policy guidelines and feasible strategies.
Where it applies and how long it lasts
The Tamil Nadu Laws (Special Provisions) Act, 2008 extends only to the Chennai Metropolitan Planning Area.
Key points:
- It is deemed to have come into force on 27th July 2008.
- It ceases to have effect on the expiry of one year from its commencement, except for things already done or omitted before it ends.
- It was intended to provide temporary relief up to 26th July 2009.
Who may be affected
The Tamil Nadu Laws (Special Provisions) Act, 2008 may affect:
- owners or occupiers of buildings or land in the Chennai Metropolitan Planning Area
- people who built without planning permission or building permit
- people who built beyond or against approved permission
- people using land against zoning under the Master Plan or a detailed development plan
- hawkers and street vendors occupying public streets
- people in slum areas
- local bodies and the Chennai Metropolitan Development Authority
What counts as unauthorized development
The Act defines unauthorized development broadly. It includes:
- use of land or buildings in deviation from planning permission or building permit
- construction without planning permission or building permit
- use or construction in contravention of land use zoning under the Master Plan or approved detailed development plan
- contravention of the Development Control Rules for Chennai Metropolitan Planning Area, or applicable building rules, regulations and bye-laws
- unauthorized occupation by hawkers and street vendors in public streets, and by people in slum areas
Main legal effect
The Tamil Nadu Laws (Special Provisions) Act, 2008 requires the Government to frame policy for these categories and says status quo as on the date of commencement must be maintained for the categories of unauthorized development mentioned in the Act.
The Act also states:
- punitive action includes demolition, whether under court orders or otherwise
- the Government may issue directions to any local authority or authority under the relevant laws to give effect to the Act
- the Act overrides inconsistent State laws
- the Tamil Nadu Laws (Special Provisions) Ordinance, 2008 is repealed, but actions already taken under it are treated as taken under this Act
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this Act apply across Tamil Nadu?
No. The Tamil Nadu Laws (Special Provisions) Act, 2008 extends only to the Chennai Metropolitan Planning Area.
Does the Act permanently regularise unauthorized buildings?
The source text does not say that it permanently regularises them. It provides temporary relief for one year and requires the Government to finalise norms, policy guidelines and feasible strategies for dealing with unauthorized developments.
What kinds of property issues are covered as unauthorized development?
The Act covers development done in deviation from permission, without permission, against land use zoning under the Master Plan or detailed development plan, and against the Development Control Rules or building rules. It also includes unauthorized occupation by hawkers and street vendors in public streets and by people in slum areas.
What happened to the earlier 2008 Ordinance?
The Tamil Nadu Laws (Special Provisions) Ordinance, 2008 was repealed. But anything done, any action taken, or any direction given under that Ordinance is deemed to have been done, taken or given under the Act.
