Official guidance, Tamil Nadu land law
Guidelines for Conversion of Wet Land into Other Purposes
The Office of the Director of Town and Country Planning issued Roc. No.24935/10 GR, dated 7 March 2011, setting inspection guidelines for prior District Collector concurrence when wet land outside a planning area is converted to another use. The guidelines require consideration of surrounding development, irrigation, cultivation and possible effects on water channels, groundwater, flooding, sanitation and wastewater disposal.
What it governs
The Office of the Director of Town and Country Planning issued Roc. No.24935/10 GR, dated 7 March 2011, following the insertion of section 47(A) into the Tamil Nadu Town and Country Planning Act, 1971. The amendment, which came into effect on 1 January 2011, controls development in areas outside planning areas. Subsection (3) requires prior concurrence from the District Collector when wet land is converted to another use and provides for guidelines for that process.
The circular also refers to G.O.(Ms.) No.302 of the Housing and Urban Development (UD4-1) Department, dated 29 December 2010.
Who it affects
The guidelines are directed to all District Collectors and all Regional Deputy Directors. They affect proposals to convert wet land to another use in an area outside a planning area, because the District Collector must inspect the proposed site and provide an inspection report before concurrence is given.
A property buyer, owner or developer considering such a conversion should expect the land's irrigation and cultivation history, surrounding development and possible environmental effects to be examined.
Matters that must be inspected
Roc. No.24935/10 GR requires the District Collector to inspect the site with the Regional Deputy Director and any other officials the Collector considers necessary. The inspection report must consider:
- Development surrounding the proposed site.
- Details of the assured irrigation source or ayacut.
- The present cultivation status.
- How long cultivation has not been carried out, where applicable.
- Whether a proposed layout or building construction would obstruct or affect irrigation canals or distribution channels.
- Whether the development could deplete groundwater levels.
- Whether it could cause inundation of nearby areas.
- Whether sanitation or wastewater disposal problems could arise.
Commencement and circulation
The guidelines in Roc. No.24935/10 GR came into immediate effect. The circular was sent to all District Collectors and Regional Deputy Directors, with copies to E-Governance, the Joint Director and all Assistant Directors at the head office. Recipients were asked to acknowledge it by return post.
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
Is District Collector concurrence required to convert wet land outside a planning area?
Yes. Section 47(A), subsection (3), provides for prior concurrence from the District Collector when wet land in an area outside a planning area is converted to another use.
Who must inspect the wet land proposed for conversion?
The District Collector must inspect it with the Regional Deputy Director and any other officials the Collector considers necessary.
Will the inspection consider whether the land is still cultivated?
Yes. The inspection report must consider the present cultivation status and how long cultivation has not been carried out.
What water and drainage risks must officials consider?
Officials must consider obstruction or damage to irrigation canals and distribution channels, groundwater depletion, inundation of nearby areas, sanitation problems and wastewater disposal problems.
