Official guidance, Tamil Nadu land law
Circular Roc.No.17366/2011 DP2, Land Gifted to Local Bodies
The Office of the Director of Town and Country Planning issued Circular Roc.No.17366/2011 DP2, dated 13 July 2011, clarifying whether roads and other public purpose land gifted to local bodies may be returned to developers. Gifted land cannot be returned where development has already come up next to it, and other requests require the consent of the Director of Town and Country Planning.
Purpose
Circular Roc.No.17366/2011 DP2, issued by the Office of the Director of Town and Country Planning on 13 July 2011, addresses requests from developers for the return of land previously gifted to local bodies. Such requests may arise when a developer drops a proposal or for other reasons.
The Director of Town and Country Planning issued the clarification because some developers were asking local bodies to return land that had been proposed for roads or another public purpose.
Land covered
The Office of the Director of Town and Country Planning states that the following land must be gifted to local bodies before final approval of a proposal, in accordance with conditions imposed by the department when giving technical approval:
- Roads shown in a Detailed Development Plan.
- Layout roads.
- Parks.
- Play fields.
- Other areas reserved for public purposes.
Rules on returning gifted land
Circular Roc.No.17366/2011 DP2 sets out two different requirements:
- If development has already come up next to the gifted road or land, the land must not be returned to the developer under any circumstances.
- If no development has come up, the local body must not consider a request for return on its own. It must refer the proposal to the Department of Town and Country Planning and obtain the consent of the Director of Town and Country Planning.
- Local bodies are instructed to follow the referral and consent requirement without fail.
Dropping the original development proposal does not automatically allow a developer to recover gifted road or public purpose land.
Who is affected
Circular Roc.No.17366/2011 DP2 directly affects developers seeking the return of gifted land and local bodies receiving such requests. It is also relevant to buyers, owners and professionals dealing with property next to a gifted road, park, play field or other public purpose area, because any existing development next to that land prevents its return to the developer.
Member Secretaries of Local Planning Authorities and New Town Development Authorities, Regional Deputy Directors and Assistant Directors were instructed to communicate the clarification immediately to all local bodies under their jurisdiction.
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
Can a developer recover a road already gifted to a local body?
Not if development has already come up next to the gifted road or land. In that situation, Circular Roc.No.17366/2011 DP2 says it must not be returned to the developer.
What happens if there is no development next to the gifted land?
The local body cannot consider the request without referring it to the Department of Town and Country Planning and obtaining consent from the Director of Town and Country Planning.
Does dropping a development proposal automatically return gifted land to the developer?
No. Dropping a proposal is identified as one reason developers may request a return, but the restrictions in Circular Roc.No.17366/2011 DP2 still apply.
What types of gifted land are covered by the clarification?
The clarification covers Detailed Development Plan roads, layout roads and public purpose areas such as parks and play fields.
