The Tamil Nadu Laws (Special Provisions) Act, 2007
The Tamil Nadu Laws (Special Provisions) Act, 2007, enacted by the Legislative Assembly of the State of Tamil Nadu and deemed effective from 27 July 2007, temporarily maintained the existing position on specified unauthorised developments in the Chennai Metropolitan Planning Area while the State Government developed policies and norms. The Act suspended relevant enforcement notices and punitive action for one year, subject to exclusions and an early withdrawal power, and then expired under its own terms.
Purpose and duration
The Tamil Nadu Laws (Special Provisions) Act, 2007 applied only to the Chennai Metropolitan Planning Area. It was introduced in response to unauthorised development, pressure on land and infrastructure, the pending Master Plan II, and proposed reviews of planning law and policies for slums, hawkers and street vendors.
The Act was deemed to have commenced on 27 July 2007 and ceased to have effect one year later. Actions and omissions occurring before expiry remained subject to the stated saving provision. The Act also repealed the Tamil Nadu Laws (Special Provisions) Ordinance, 2007, while preserving actions and directions already taken under that Ordinance.
Developments covered
The Tamil Nadu Laws (Special Provisions) Act, 2007 covered specified existing unauthorised developments, including:
- Land use that did not conform to the Master Plan, an approved detailed development plan or planning permission.
- Construction that deviated from or exceeded planning permission or a building permit.
- Development undertaken without planning permission or a building permit.
- Certain unauthorised occupation by hawkers and street vendors on public streets and by people in slum areas.
Unauthorised development also included construction or use contrary to applicable Development Control Rules, building rules, regulations or bye-laws.
Temporary protection and government action
The Tamil Nadu Laws (Special Provisions) Act, 2007 required the State Government to take all possible measures within one year to finalise norms, policy guidelines and feasible strategies for the listed problems, with due regard to the environment and planned development.
For covered developments, the position existing on 27 July 2007 was to be maintained despite any court judgment, decree or order. Enforcement notices issued by a local authority or another empowered authority were treated as suspended, and no punitive action, including demolition, was to be taken during the one year period.
The State Government could withdraw either protection before the year ended by notification in the Tamil Nadu Government Gazette.
Important exclusions
The Tamil Nadu Laws (Special Provisions) Act, 2007 gave no relief for:
- Unauthorised development started or continued on or after 27 July 2007.
- Activities begun on or after that date in violation of the Master Plan or a detailed development plan.
- Public street occupation outside the specified protection for hawkers and street vendors.
- Removal of slum residents, hawkers or street vendors under government policies where land was required for a public project.
The temporary suspension did not state that an unauthorised building or land use became approved or lawful.
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Common questions
Did the Act permanently regularise an unauthorised building in Chennai?
No. The Tamil Nadu Laws (Special Provisions) Act, 2007 maintained status quo and suspended specified notices and punitive action for one year. It did not state that unauthorised development became approved or lawful.
Did the protection apply to construction started after 27 July 2007?
No. Unauthorised development started or continued on or after 27 July 2007 was expressly excluded from relief.
Could a demolition notice already issued by a local authority still be enforced during the protected period?
For the covered categories, notices were treated as suspended and no punitive action, including demolition, was to be taken during the one year period. The State Government could withdraw that concession earlier through a notification in the Tamil Nadu Government Gazette.
Did the Act apply outside the Chennai Metropolitan Planning Area?
No. The Tamil Nadu Laws (Special Provisions) Act, 2007 extended only to the Chennai Metropolitan Planning Area.
