Proc.No.RT/3849/2009, Further Instructions on Enforcement Action and Demolition
The Chennai Metropolitan Development Authority, APU, RT and Appeal Division, issued Proceedings No. RT/3849/2009 dated 21 May 2009, following Housing and Urban Development Department G.O.Ms.No.253 dated 10 December 2008. It authorises local bodies within the Chennai Metropolitan Area to act against unauthorised or deviated construction, including through locking, sealing and demolition proceedings under amended Tamil Nadu Act 61 of 2008.
What the proceedings do
Proceedings No. RT/3849/2009 dated 21 May 2009 were issued by the Member Secretary of the Chennai Metropolitan Development Authority, APU, RT and Appeal Division. They provide further enforcement instructions and delegate powers to local bodies within the Chennai Metropolitan Area for action against unauthorised or deviated construction.
The proceedings follow amendments to the Tamil Nadu Town and Country Planning Act, 1971. Tamil Nadu Act 61 of 2008 was published in the Tamil Nadu Government Gazette on 2 December 2008 and came into force on 10 December 2008 through Housing and Urban Development Department G.O.Ms.No.253 dated 10 December 2008.
Authorities covered
The Chennai Metropolitan Development Authority delegates enforcement powers to the following local bodies within the Chennai Metropolitan Area:
- Corporation of Chennai.
- Municipalities.
- Town Panchayats.
- Panchayat Unions.
The delegation covers powers to issue planning permission under the Development Regulations and to take punitive action against unauthorised or deviated construction. Punitive action includes demolition proceedings.
Main enforcement provisions
Proceedings No. RT/3849/2009 direct local bodies to:
- Act against unauthorised construction under amended Tamil Nadu Act 61 of 2008.
- Use locking and sealing against premises where unauthorised construction has commenced or is in progress.
- Start demolition proceedings where applicable.
- Adopt the enclosed revised formats for locking, sealing and demolition notices, with suitable modifications.
- Follow the enforcement instructions and guidelines strictly.
What counts as unauthorised development
The enclosed Tamil Nadu Laws (Special Provisions) Ordinance, 2008 describes unauthorised development as land use or building work carried out without planning permission or a building permit, in deviation from an approval, contrary to land use zoning, or contrary to applicable development control or building rules. Its definition also includes unauthorised occupation of public streets by hawkers and street vendors and occupation by people in slum areas.
Why it matters to property owners and buyers
A building within the Chennai Metropolitan Area may face local body enforcement if it lacks the required approval or differs from the permission granted. The available action is not limited to a warning, as the delegated powers expressly include locking, sealing and demolition proceedings.
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Common questions
Can a local body within the Chennai Metropolitan Area seal an unauthorised building?
Yes. Proceedings No. RT/3849/2009 authorise local bodies to take action that includes locking and sealing premises where unauthorised construction has commenced or is in progress.
Can municipalities and town panchayats start demolition proceedings?
Yes. The delegated enforcement powers cover municipalities and town panchayats within the Chennai Metropolitan Area and expressly include demolition proceedings.
Does construction become unauthorised only when there is no planning permission?
No. The enclosed Ordinance also covers construction that deviates from permission or a building permit, conflicts with land use zoning, or breaches applicable development control or building rules.
Are local bodies required to use standard enforcement notices?
The Chennai Metropolitan Development Authority enclosed revised formats for locking, sealing and demolition notices and directed local bodies to adopt them with suitable modifications.
