Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012
The Governor of Tamil Nadu promulgated Tamil Nadu Ordinance No. 6 of 2012 on 16 July 2012, and it came into force at once. The Government of Tamil Nadu, Law Department, explained that the Ordinance strengthens enforcement against unauthorised development, raises penalties, and permits conditional exemptions for certain buildings developed on or before 1 July 2007.
Purpose and scope
The Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012 amends the Tamil Nadu Town and Country Planning Act, 1971. Its explanatory statement says the changes are intended to improve enforcement against unauthorised development throughout Tamil Nadu and provide a limited solution for unauthorised developments made before 1 July 2007.
Who is affected
The Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012 can affect landowners and people involved in developing land or buildings. For the amended penalty provisions, the term “whoever” includes the landowner, power of attorney holder, builder, promoter, architect and licensed surveyor, jointly and separately.
Unauthorised development and court orders
The Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012 adds the following enforcement provisions:
- A person must not continue development after obtaining a stay or interim injunction against a notice served by the appropriate planning authority.
- Development continued after obtaining such a court order is treated as unauthorised development.
- The appropriate planning authority may demolish that continued development without notice.
- A person who continues specified development after an earlier conviction, or continues development after receiving a notice, may on conviction face imprisonment from three months to three years and a fine from fifty thousand rupees to one lakh rupees.
Penalties and enforcement changes
The Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012 substantially increases several fines and penalties. It also replaces Schedule I with fixed penalties, including:
- 7,500 rupees for failure to use and develop land in conformity with the development plan.
- 10,000 rupees for erecting a building or changing land use without permission.
- 5,000 rupees for failure to apply for and obtain permission.
- 5,000 rupees relating to removal or stopping of unauthorised development.
- 10,000 rupees for failure to pay development charges.
- 10,000 rupees for obstructing the exercise of powers of entry.
The amendment also removes the words requiring action within three months from the date of the offence from the relevant provision.
Possible exemption for older buildings
The Tamil Nadu Town and Country Planning (Amendment) Ordinance, 2012 allows the Government to exempt a building or class of buildings developed on or before 1 July 2007 from some or all requirements of the Act, rules or regulations. The Government must consider ecology, environment, public interest, infrastructure, public inconvenience and public safety. Any exemption is subject to guidelines and may require payment of an amount not exceeding three times the guideline value of the land, with different rates permitted for different planning parameters and areas.
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 construction continue after I obtain a court stay against a planning authority notice?
No. Development continued after obtaining a stay or interim injunction is treated as unauthorised development, and the appropriate planning authority may demolish it without notice.
Does every building developed before 1 July 2007 automatically receive an exemption?
No. The Government may exempt a building or class of buildings developed on or before that date, subject to its consideration of specified public and environmental factors, applicable guidelines and payment requirements.
Who can be held responsible under the amended penalty provisions?
The covered persons include the landowner, power of attorney holder, builder, promoter, architect and licensed surveyor, jointly and separately.
When did Tamil Nadu Ordinance No. 6 of 2012 take effect?
The Governor of Tamil Nadu promulgated it on 16 July 2012, and the Ordinance states that it came into force at once.
