Official guidance, Tamil Nadu land law
G.O.(Ms.) No.302, Commencement of the Tamil Nadu Town and Country Planning (Amendment) Act, 2010
The Government of Tamil Nadu, Housing and Urban Development (UD4-1) Department, issued G.O.(Ms.) No.302 dated 29 December 2010, appointing 1 January 2011 as the date on which the Tamil Nadu Town and Country Planning (Amendment) Act, 2010 came into force. The amendment requires permission for development on land outside a planning area, including prior concurrence from the Director and, for wet land, the District Collector.
What the amendment governs
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 further amends the Tamil Nadu Town and Country Planning Act, 1971 by inserting section 47-A. The amendment applies to development of land in an area other than a planning area.
The Act received the Governor's assent on 29 November 2008. The Government of Tamil Nadu, Housing and Urban Development (UD4-1) Department, later issued G.O.(Ms.) No.302 dated 29 December 2010, appointing 1 January 2011 as the commencement date.
Who is affected
Section 47-A affects any person intending to carry out development on land outside a planning area. It is relevant to property owners, buyers and developers who plan to develop such land, particularly where the property is classified as wet land.
The amendment requires:
- A written application to the local authority for development permission.
- The application to use the prescribed form and include the prescribed particulars and documents.
- The local authority to obtain the Director's prior concurrence before granting permission.
- The local authority to collect fees at the prescribed rate.
- Prior concurrence from the Collector of the district concerned where the land is wet land.
- The District Collector to give concurrence only when the prescribed guidelines are fulfilled.
The document does not state the application form, required documents, fee rate or detailed guidelines.
Development without valid permission
The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 addresses development carried out:
- Without the required permission.
- Contrary to a permission or any condition attached to it.
- After the development permission has been revoked.
- Contrary to a permission that has been modified.
In these cases, the local authority must exercise the powers of the appropriate planning authority under sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, with any necessary modifications.
Meaning of wet land
For section 47-A, the expression "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. The Tamil Nadu Town and Country Planning (Amendment) Act, 2010 requires a written application to the local authority before carrying out development on land outside a planning area.
Is the District Collector's approval required for every application?
No. The District Collector's prior concurrence is specifically required when the proposed development is on wet land. The local authority must obtain the Director's prior concurrence for permission under section 47-A.
Does G.O.(Ms.) No.302 specify the development permission fee?
No. The amendment says that the local authority must collect fees at a prescribed rate, but the document does not provide that rate.
When did the Tamil Nadu Town and Country Planning (Amendment) Act, 2010 come into force?
The Government of Tamil Nadu, Housing and Urban Development (UD4-1) Department, appointed 1 January 2011 as the commencement date through G.O.(Ms.) No.302 dated 29 December 2010.
