Official guidance, Tamil Nadu land law
Town and Country Planning, Appeal Cases, Procedure and Instructions
The Office of the Commissioner of Town and Country Planning, Chennai, issued Circular Roc. No. 25270/2013/BA.1 dated 11 December 2013, prescribing how officials must process appeals arising from planning authorities rejecting planning permission. It covers buildings completed before July 2007, deviation statements required from field offices, a one month time limit, and cases where lock and seal action has already been taken.
What the circular governs
Circular Roc. No. 25270/2013/BA.1 dated 11 December 2013 was issued by the Office of the Commissioner of Town and Country Planning, Chennai. It gives instructions for handling appeal cases received after planning authorities reject applications for planning permission.
The instructions are directed to all Assistant Directors at the Head Office and all Regional Deputy Directors. They also affect applicants whose rejected planning applications are under appeal, particularly where a building already exists or has been locked and sealed.
Buildings completed before July 2007
The Office of the Commissioner of Town and Country Planning directs that applications involving buildings constructed and completed before July 2007 must be considered under:
- Section 113-C.
- G.O. Ms. No. 234, Housing and Urban Development Department, dated 30 December 2012.
- G.O. Ms. No. 235, Housing and Urban Development Department, dated 30 December 2012.
The circular does not provide further details about the standards or process under those provisions.
Information required for building appeals
For appeals involving buildings, the following procedure applies:
- The appeal must be sent to the Director.
- The Assistant Director concerned at the Head Office must obtain a deviation statement from the field office.
- The case must be placed before the Empowered Committee or Appeal Committee in the subsequent month.
- The field office must clearly identify deviations from the approved plan.
- The field office must also identify deviations from the regulations currently in force.
- Copies of the approved site plan and the site plan reflecting field conditions must be enclosed.
- The field office must complete its part within one month.
Lock and seal cases
Circular Roc. No. 25270/2013/BA.1 instructs field offices that, where lock and seal action has already been carried out, the applicant must be directed to approach the Government under Section 80A.
A deviation statement must still be submitted for these cases. The circular requires officials to adhere strictly to the stated time limit.
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 this circular apply when planning permission has been rejected?
Yes. It sets the procedure for appeal cases arising from a planning authority's rejection of planning permission.
How are buildings completed before July 2007 to be considered?
Applications for buildings constructed and completed before July 2007 must be considered under Section 113-C and G.O. Ms. Nos. 234 and 235, both dated 30 December 2012.
What must a field office include in a deviation statement?
The field office must state deviations from the approved plan and from present regulations. It must also enclose copies of the approved site plan and the plan showing field conditions.
What should an applicant do if the building has already been locked and sealed?
The field office must direct the applicant to approach the Government under Section 80A. A deviation statement must also be submitted.
