Tamil Nadu Bills, Part IV, Section 1, No. 245A
The Government of Tamil Nadu issued Tamil Nadu Gazette Special Publication No. 245A on 9 July 2018 to publish eight Bills introduced in the Tamil Nadu Legislative Assembly for public information. For property readers, Bills No. 40 of 2018 and No. 41 of 2018 propose changes concerning transferable development rights, acquisition or surrender of land for planning purposes, and land pooling area development schemes, but the publication itself does not enact those proposals.
What the gazette contains
Tamil Nadu Gazette Special Publication No. 245A, issued by the Government of Tamil Nadu on 9 July 2018, publishes Bills No. 40 to 47 of 2018 with their statements of reasons. The listed subjects include town and country planning, district municipalities, municipal laws, Lokayukta, the Tamil Nadu National Law School, the Chennai City Civil Court and appropriation.
The publication says the Bills were introduced in the Tamil Nadu Legislative Assembly and were published for general information. It does not state that they had become law.
Transferable development rights
Bill No. 40 of 2018 proposes a further amendment to the Tamil Nadu Town and Country Planning Act, 1971. It would:
- Define a development right certificate, development rights, floor space index and transfer of development rights.
- Allow a planning authority to grant development rights where land required for a public purpose is surrendered free of cost and without encumbrances.
- Permit the resulting rights, subject to prescribed limits, to be used on the remaining land or elsewhere in the State.
- Allow a holder to use the development rights or transfer them to another person.
- Enable land needed under regional plans, master plans, detailed development plans and new town development plans to be obtained by agreement, by granting development rights, or through acquisition under the land acquisition law identified in the Bill.
- Treat reserved land as released where the stated acquisition or agreement process is not completed within five years from the relevant gazette notification. The period may be extended, but the extension cannot exceed five years.
Land pooling area development
Bill No. 41 of 2018 proposes to add land pooling area development schemes to the Tamil Nadu Town and Country Planning Act, 1971. A scheme may combine land held by one or more private owners, return part of the developed land to the original owners, and use the balance for public facilities, special facilities or sale.
Key proposed procedures include:
- Prior government approval before a planning authority announces its intention to prepare a scheme.
- Publication in the district gazette and in two leading local newspapers, with at least one newspaper in Tamil.
- Public access to a plan showing the proposed scheme boundaries.
- Power for the Government to direct a planning authority to prepare and submit a scheme.
- Scope for certain government bodies, public sector bodies or owners holding seventy per cent of land in the scheme area to propose a scheme, subject to the conditions stated in the Bill.
Who may be affected
The planning proposals are relevant to owners, buyers, developers, lessees and professionals dealing with land reserved for roads, transport, infrastructure, planned development or land pooling. Because the gazette contains Bills, readers would need a later enactment and commencement notification before relying on the proposals as operative law.
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
Did this gazette make transferable development rights legally available immediately?
No. Tamil Nadu Gazette Special Publication No. 245A publishes a Bill introduced in the Tamil Nadu Legislative Assembly. Bill No. 40 of 2018 also states that it would commence on a date notified by the State Government.
Could a landowner receive development rights instead of cash for surrendered land?
Bill No. 40 of 2018 proposes that development rights may be granted when land is surrendered free of cost and without encumbrances for a planning purpose. The rights could provide additional building area and could be used or transferred, subject to the proposed framework.
What happens if land reserved in a development plan is not acquired?
Bill No. 40 of 2018 proposes release of the land from the reservation if the specified acquisition or agreement process is not completed within five years from the relevant gazette notification. It also permits an extension that cannot exceed five years.
Will owners receive notice of a proposed land pooling scheme?
Bill No. 41 of 2018 proposes publication in the district gazette and in two leading newspapers circulating in the area, with at least one in Tamil. The notice must also identify when and where the public can inspect the plan showing the proposed boundaries.
