TAMIL NADU LAWS (SPECIAL PROVISIONS) ACT, 2010
The Tamil Nadu Laws (Special Provisions) Act, 2010, enacted by the Legislative Assembly of the State of Tamil Nadu on 1st February 2010, is a temporary law for the Chennai Metropolitan Planning Area. It gives the State Government one year to frame norms, policy guidelines and strategies for unauthorized developments, while requiring status quo and suspending certain enforcement action for eligible cases. The Act applies only within the Chennai Metropolitan Planning Area and does not give relief to developments started or continued on or after the 27th day of July 2007.
What this law is for
The Tamil Nadu Laws (Special Provisions) Act, 2010 is a temporary law for the Chennai Metropolitan Planning Area. It was enacted because the Government said there were many unauthorized developments, wider planning changes were under consideration, and immediate enforcement could cause hardship to many people, including small traders.
The Act says the State Government must, within one year from the commencement of the Act, finalise norms, policy guidelines and feasible strategies to deal with unauthorized developments, while keeping environmental concerns in view.
Who it affects
The Tamil Nadu Laws (Special Provisions) Act, 2010 affects people and bodies within the Chennai Metropolitan Planning Area, including:
- property owners and occupiers
- builders and developers
- hawkers and street vendors on public streets
- people in slum areas
- local authorities such as the Chennai City Municipal Corporation, Municipalities, Town Panchayats, Panchayat Unions, Village Panchayats and the Chennai Metropolitan Development Authority
What counts as unauthorized development
The Tamil Nadu Laws (Special Provisions) Act, 2010 defines unauthorized development broadly. It includes:
- use of land or buildings in deviation from planning permission or building permit
- construction in deviation from planning permission or building permit
- development without planning permission or building permit
- use or construction that violates land use zoning under the Master Plan or an approved detailed development plan
- violations of the Development Control Rules, building rules, regulations or bye laws in the Chennai Metropolitan Planning Area
- unauthorized occupation by hawkers and street vendors in public streets, and by people in slum areas
Main relief given by the Act
The Tamil Nadu Laws (Special Provisions) Act, 2010 provides temporary relief for eligible categories of unauthorized development.
- Status quo as on the date of commencement of the Act must be maintained for the listed categories.
- Notices issued before the 27th day of July 2007 for initiating action against those categories are deemed to be suspended.
- No punitive action, including demolition, can be taken during that one year for those eligible cases.
- The State Government can withdraw this concession earlier, by notification in the Tamil Nadu Government Gazette.
Important limits
The Tamil Nadu Laws (Special Provisions) Act, 2010 does not protect every case.
No relief is available for:
- unauthorized development started or continued on or after the 27th day of July 2007
- activities begun on or after the 27th day of July 2007 in violation of the Master Plan or any detailed development plan
- unauthorized occupation on public streets, except the cases covered under the policy making provision for hawkers, street vendors and people in slum areas
- removal of people in slum areas, hawkers and street vendors under Government policies for clearing land needed for any public project
Legal effect
The Tamil Nadu Laws (Special Provisions) Act, 2010 says it overrides inconsistent State laws. It also allows the Government to issue directions to local authorities and other authorities to give effect to the 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 law regularise my unauthorized building in Chennai?
The source text does not say that the Tamil Nadu Laws (Special Provisions) Act, 2010 regularises buildings. It gives temporary relief by maintaining status quo and suspending certain enforcement action while the Government finalises norms, policy guidelines and strategies.
Does this law apply everywhere in Tamil Nadu?
No. The Tamil Nadu Laws (Special Provisions) Act, 2010 extends only to the Chennai Metropolitan Planning Area.
Will demolition or other enforcement stop under this law?
For eligible categories, notices issued prior to the 27th day of July 2007 are deemed suspended and no punitive action can be taken during the one year period. But the State Government may withdraw that concession earlier by notification in the Tamil Nadu Government Gazette.
Are post July 2007 violations protected by this law?
No. The Tamil Nadu Laws (Special Provisions) Act, 2010 says no relief is available for unauthorized development started or continued on or after the 27th day of July 2007, or for activities begun on or after that date in violation of the Master Plan or any detailed development plan.
