G.O.(Ms).No.161, Effective Implementation of Section 113-C of Tamil Nadu Town and Country Planning Act, 1971

What the government order does

Government Order G.O.(Ms).No.161 dated 08.11.2014 creates a committee headed by Justice Thiru S. Rajeswaran, retired High Court Judge. Its task is to frame appropriate guidelines and rules for the effective implementation of Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971.

Section 113-C had been inserted following recommendations from an earlier committee headed by Justice Thiru S. Mohan, retired Judge of the Supreme Court of India. It concerned exemption of unauthorised and deviated buildings constructed before 1.7.2007.

Why a new committee was required

The High Court of Madras, in its order dated 10.2.2014, upheld Section 113-C but quashed G.O.(Ms).Nos.234 and 235 of the Housing and Urban Development Department dated 30.10.2012. Those two government orders had framed rules and guidelines for granting exemptions under Section 113-C.

The Court identified several concerns:

• Land use required a more scientific and analytical study across Tamil Nadu, not only Chennai.
• The earlier guidelines might conflict with requirements under other laws, rules and regulations.
• Competent authorities could face applications numbering in lakhs, creating practical processing and appeal difficulties.
• The purpose of the Development Control Rules in the Chennai Metropolitan Area had not been adequately considered.
• Relevant material and important issues had not been properly considered when framing the earlier rules and guidelines.

Committee composition and duties

The committee consists of:

• Justice Thiru S. Rajeswaran, retired High Court Judge, as Chairman.
• The Commissioner of Town and Country Planning as Member and Convener.
• The Member Secretary of the Chennai Metropolitan Development Authority.
• The Head of the School of Architecture and Planning, Anna University.
• The Chief Planner of the Chennai Metropolitan Development Authority.

The committee may co-opt other members whose services are required. It must submit its final report within three months. The Chennai Metropolitan Development Authority will meet the committee's expenditure, while the Commissioner of Town and Country Planning must arrange accommodation and pursue further action.

Relevance to property owners and buyers

Government Order G.O.(Ms).No.161 does not itself grant an exemption to any building. Owners or buyers dealing with an unauthorised or deviated building constructed before 1.7.2007 should note that the earlier exemption rules and guidelines were quashed and that this government order begins the process of preparing replacements.