primary law

The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022

The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022, Act No. 38 of 2022, was enacted by the Tamil Nadu Legislative Assembly, received the Governor’s assent on 21 June 2022, and was published by authority of the Government of Tamil Nadu on 22 June 2022. It amends the Tamil Nadu Town and Country Planning Act, 1971 to provide for notified Urban Planning Areas and Urban Development Authorities responsible for surveys, land use maps and development plans. Section 6 came into force at once, while the remaining provisions take effect on dates notified by the Government.

Category
Gazette notifications
Pages
17
Status
In force
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What the amendment governs

The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022 introduces a framework for planning and development in areas that the Government identifies as Urban Planning Areas through notifications in the Tamil Nadu Government Gazette. It adds definitions for an Urban Planning Area, an Urban Development Authority and matters prescribed by rules.

The amendment also allows a person aggrieved by specified decisions or orders of the Metropolitan Development Authority to appeal to the Government.

Urban Development Authorities

The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022 allows the Government to establish an Urban Development Authority for any notified Urban Planning Area. Each authority is a corporate body that may own or dispose of movable and immovable property, enter into contracts, and sue or be sued in its own name.

Its membership includes Government appointees, planning officials, the Municipal Corporation Commissioner, representatives of local authorities, a State Legislature member, and a trade and industry representative.

Main planning functions

An Urban Development Authority established under the amended law may:

  • Survey the Urban Planning Area and prepare survey reports.
  • Prepare existing land use maps and other necessary maps.
  • Prepare a master plan, new town development plan or detailed development plan.
  • Carry out works included in a development plan.
  • Designate all or part of its area as a new town, prepare the relevant plan and secure its development.
  • Entrust execution of a development plan to a local authority or another authority.
  • Authorise another authority to exercise specified powers, subject to conditions.

The Government may require an Urban Development Authority to prepare and submit a plan by a fixed date. The authority must consult the local authorities concerned when preparing a master plan.

Why it may matter to property owners and buyers

The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022 may be relevant where land falls within an Urban Planning Area notified by the Government. The responsible Urban Development Authority can prepare land use maps and development plans covering that area.

Plans are submitted to the Government, which may direct modifications, approve them, approve them with modifications, or return them for revision or replacement. Government consent is also required before the authority publishes notice that a plan has been prepared.

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

Does the amendment automatically make every urban area an Urban Planning Area?

No. An Urban Planning Area is an urban area that the Government specifies through a notification in the Tamil Nadu Government Gazette.

Can an Urban Development Authority prepare a land use map for my area?

Yes, if the land is within its Urban Planning Area. The authority may prepare an existing land use map and other maps needed for development planning.

Who approves plans prepared by an Urban Development Authority?

The Government may approve a plan, approve it with modifications, or return it to the Urban Development Authority for changes or preparation of a fresh plan.

Did all provisions take effect on 22 June 2022?

No. Section 6 came into force at once. The remaining provisions come into force on dates appointed by the Government through notification.