Tamil Nadu Town and Country Planning (Amendment) Act, 2010
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Town and Country Planning (Amendment) Act, 2010, Act Number 46 of 2010, and the Government of Tamil Nadu, Law Department, published it in Tamil Nadu Government Gazette Extraordinary Number 368 on December 3, 2010, following the Governor’s assent on December 2, 2010. It adds a permission process for developing land outside a planning area, including prior concurrence from the Director and, for wet land, the District Collector.
What the amendment does
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 amends the Tamil Nadu Town and Country Planning Act, 1971 by inserting section 47-A. The new provision regulates development on land situated in an area other than a planning area.
The Tamil Nadu Legislative Assembly passed Act Number 46 of 2010. The Governor gave assent on December 2, 2010, and the Government of Tamil Nadu, Law Department, published it in Tamil Nadu Government Gazette Extraordinary Number 368 on December 3, 2010.
Who is affected
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 affects any person intending to carry out development on land outside a planning area. It also assigns responsibilities to the local authority, the Director and, where wet land is involved, the Collector of the district concerned.
Property owners, buyers and developers dealing with land outside planning areas should check whether the proposed activity amounts to development and whether the required permission has been obtained.
Permission process
Section 47-A establishes the following process for development outside a planning area:
- The person proposing development must apply in writing to the local authority for permission.
- The application must use the prescribed form and include the prescribed particulars and documents.
- Before granting permission, the local authority must obtain the Director’s prior concurrence.
- The local authority must collect fees at the rate that may be prescribed.
- For wet land, prior concurrence from the Collector of the district concerned is also necessary.
- The Collector may give concurrence when the prescribed guidelines have been fulfilled.
Development without valid permission
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 authorises the local authority to exercise the powers of the appropriate planning authority under sections 56 and 57, with necessary modifications, where development is carried out without permission, contrary to permission or its conditions, after permission has been revoked, or contrary to a duly modified permission.
Commencement and wet land
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 states that it will come into force on a date appointed by the State Government through a notification. The source text does not provide that commencement date.
For section 47-A, “wet land” has the same meaning as in the Tamil Nadu Additional Assessment and Additional Water Cess Act, 1963.
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
Do I need permission to develop land outside a planning area?
Yes. A person intending to develop land in an area other than a planning area must apply in writing to the local authority for permission.
Who must approve development on wet land outside a planning area?
The local authority must obtain the Director’s prior concurrence and, for wet land, the prior concurrence of the Collector of the district concerned.
What can happen if development is carried out without permission?
The local authority may exercise the powers of the appropriate planning authority under sections 56 and 57, with necessary modifications. The same applies to development that breaches permission conditions or continues after permission is revoked or modified.
Did the amendment take effect immediately on publication?
The Act says it will come into force on a date appointed by the State Government through a notification. The source text does not state the appointed commencement date.
