Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (1999)
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999, Tamil Nadu Act No. 20 of 1999, dated 16 June 1999. It came into force at once and repealed the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, while preserving certain completed land vesting, exemption orders and related proceedings.
What the Act does
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 removes the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 from operation. The repeal took effect at once, but it does not reverse every action previously taken under the 1978 law.
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 is relevant to owners, buyers and professionals dealing with land that was subject to acquisition, vesting, possession, exemption or legal proceedings under the repealed law.
Land already taken into possession
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 preserves the vesting of vacant land where possession was taken by:
- the State Government,
- a person duly authorised by the State Government, or
- the competent authority.
A buyer or owner should therefore check not only whether the land was recorded as vested in the State Government, but also whether possession was actually taken by one of these authorities.
Land vested without possession
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 distinguishes land deemed to have vested in the State Government from land of which the Government or authorised authority actually took possession.
Where possession was not taken and the State Government paid an amount for the land, the land cannot be restored unless the amount paid is refunded to the State Government.
Exemptions remain valid
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 does not affect the validity of an exemption order granted under the repealed law or action taken under such an exemption. Owners and buyers should retain and examine any exemption order affecting the property.
Pending proceedings
The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 ends pending proceedings before any court, tribunal or authority relating to orders made or purportedly made under the repealed law.
An exception applies to proceedings relating to sections 12, 13, 14, 15, 15-B and 16 of the repealed law where those proceedings concern land whose possession was taken by the State Government, an authorised person or the competent authority.
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Common questions
Did the 1999 law cancel the Tamil Nadu urban land ceiling law?
Yes. The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 repealed the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.
Will land already taken over by the Government return to the former owner?
The repeal does not affect vesting where possession of the vacant land was taken by the State Government, an authorised person or the competent authority.
What if the land vested in the Government but possession was never taken?
The Act distinguishes such land from land already taken into possession. If the State Government paid an amount for the land, restoration cannot occur unless that amount is refunded.
What happened to court or authority proceedings pending when the repeal began?
Pending proceedings relating to orders under the repealed law ended, subject to the stated exception for specified proceedings concerning land already taken into possession.
