Tamil Nadu Town and Country Planning (Amendment) Act, 2008
The Law Department of the Government of Tamil Nadu published Act No. 61 of 2008, the Tamil Nadu Town and Country Planning (Amendment) Act, 2008, after it was enacted by the Tamil Nadu Legislative Assembly and received the Governor's assent on 29 November 2008. It strengthens planning enforcement by allowing locking and sealing, demolition of construction continued after notice, seizure and confiscation of construction items, prosecution, and Government review of sealing decisions.
What the amendment does
The Tamil Nadu Town and Country Planning (Amendment) Act, 2008 amends the Tamil Nadu Town and Country Planning Act, 1971. Act No. 61 of 2008 received the Governor's assent on 29 November 2008 and was published by order of the Governor through the Law Department of the Government of Tamil Nadu.
The amendment states that it will come into force on a date appointed by the State Government through notification. The supplied text does not identify that commencement date.
Changes affecting land and building use
The amendment removes the words limiting action under section 56 to development occurring within three years.
Where an owner or occupier fails to stop the use of land or a building within the time given in a notice, the appropriate planning authority may, if prima facie satisfied:
- Lock and seal the premises in the prescribed manner.
- Take that action despite a pending planning permission application, appeal, or court litigation.
- Require the owner or occupier to provide security for the sealed premises.
Action against continued development
After a notice under section 57 is served, the owner or person carrying out development must stop the development from the date of service and inform the appropriate planning authority.
If development continues, the planning authority may:
- Give the owner at least seven days to remove the part built after service of the notice.
- Demolish that part if the direction is not followed and recover its expenses from the owner as arrears of land revenue.
- Seize construction materials, tools, machinery, equipment, scaffolding, vehicles, or other items used for the development and kept at the site.
- Confiscate seized items and sell them by auction in the prescribed manner, with proceeds credited to the Fund Account.
- Lock and seal premises until planning permission is produced.
- Prosecute an owner or developer who does not comply with the notices within the specified period.
Review and court proceedings
New section 80-A allows the Government, on application, to examine sealing records and modify, annul, reverse, or return a decision for reconsideration. An application must be filed within thirty days from sealing and disposed of within ninety days of receipt. A person must have an opportunity to make a representation before a prejudicial order is passed, and the Government may issue an interim order.
The amendment also states that courts shall not grant injunctions against notices served by planning authorities under sections 56 or 57.
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
Can a planning authority seal my property while an appeal or court case is pending?
Yes. The amendment permits locking and sealing for continued unauthorised use despite a pending application under section 49, appeal under section 79, or court litigation.
What can happen if construction continues after a planning notice is served?
The planning authority may require removal of construction completed after the notice, demolish it if the direction is ignored, recover expenses, seize site items, lock and seal the premises, and prosecute for non-compliance.
Can I ask the Government to review a sealing decision?
Yes. An application may be made to the Government within thirty days from the date of sealing, and the amendment requires disposal within ninety days from receipt.
Can seized construction materials or machinery be returned after confiscation?
The amendment says confiscated items may be sold by auction and that the owner or any other person cannot claim the items or the sale proceeds.
