This article is written by Monesh Mehndiratta. The article gives an overview of the Tamil Nadu Town and Country Planning Act, 1971. It explains the objective applicability, features, and important provisions of the said Act.
Table of Contents
Introduction
How do you plan for anything?
I am sure that if you want to plan for a party, a trip, a function, or anything else, you will create a checklist, gather all the information, make a group with all the concerned people, divide responsibilities, and carry out the work in order to fulfil the purpose of the plan.
The same procedure is followed to carry out any development of any area in a state or country. Yes, this is true. The Tamil Nadu Town and Country Planning Act, 1971, deals with the development of rural and urban areas in the state of Tamil Nadu. The Act provides for different types of plans to be made for the development, like master plans, development plans, new town development plans, etc. It also provides for the constitution of different authorities depending on the area, like regional planning authorities, local planning authorities, new town development planning authorities etc. These authorities perform their functions, exercise their powers accordingly, and carry out the objective of development in the state. Thus, the present article provides an overview of the Act and explains its objectives and important provisions.
Objectives and application of Tamil Nadu Town and Country Planning Act
The Act got the assent of the president on 24th November, 1972. It is applicable in the state of Tamil Nadu except for the places that are mentioned as cantonments under Section 3 of the Cantonment Act, 1924.
The Act has been enacted to:
- To plan the development of rural and urban areas in the state of Tamil Nadu.
- To plan the usage of land in rural and urban areas in the state.
- To regulate the development and use of such land and other matters connected with it.
Division of Tamil Nadu Town and Country Planning Act
The Act has been divided into 14 chapters, 125 sections and 2 schedules. The chapters are as follows:
- Chapter I of the Act deals with applicability and important definitions.
- Chapter II provides for the country planning authorities in Tamil Nadu, their constitution, and their incorporation.
- Chapter II-A provides for metropolitan development authority for the metropolitan planning area of Chennai.
- Chapter III deals with planning areas, authorities and plans.
- Chapter IV deals with the provisions related to the acquisition and disposal of land.
- Chapter V provides for a new town development authority and related special provisions.
- Chapter VI provides provisions for the control of development and use of land.
- Chapter VII deals with the levy of development charges and their assessment.
- Chapter VIII provides provisions for funds and finance for the purpose of the Act.
- Chapter IX gives provision for the constitution of the tribunal under the Act, its staff, and its powers.
- Chapter X provides provisions for the appeal, revision and review under the Act.
- Chapter XI enumerates the penalties.
- Chapter XII gives miscellaneous provisions.
- Chapter XIII deals with rules and regulations for the enactment of provisions mentioned in the Act.
- Chapter XIV deals with repeal and savings.
Features of Tamil Nadu Town and Country Planning Act
The features of the Act are as follows:
- It gives the meaning and definition of important terms used in the Act under Section 2.
- It provides for the country planning authorities to be made in Tamil Nadu with their appointment, constitution, and functions under Chapter 2.
- Further, the Act also provides for a particular authority in this regard for the metropolitan area of Chennai under Chapter 2A.
- It provides for the declaration of regional and local planning areas along with their amalgamation under Section 10.
- It also provides provisions for regional plans, master plans, and new town development plans under Sections 15, 17, and 18, respectively.
- The provision related to the right to compensation for refusal of a permission related to use of land according to the provisions of the Act is given under Section 53.
- The government has a duty to create a state town and country planning and development fund for the purpose of this Act. (Section 64).
- It also provides for the constitution of a separate tribunal under the Act to deal with disputes arising under the Act. (Section 71)
- The Act provides provisions for appeals to directors, tribunal and prescribed authority under Section 76, 77 and 79 respectively.
- The provision related to penalty prescribes penalties for the contravention of the Act. (Section 83).
Authorities under Tamil Nadu Town and Country Planning Act
Tamil Nadu town and country development authority
Chapter 2 of the Act deals with the incorporation of town and country development authorities in the state of Tamil Nadu. The appointment of the director of the authority and other officers is to be done by the government as given under Section 3 of the Act. According to Section 4, there are the following classes of authorities:
- The regional planning authority;
- Local planning authority;
- New town development authority.
Further, according to Section 8 of the Act, every such authority will be a body corporate, have perpetual succession, a common seal, be sued in its own name, acquire, hold, or dispose of property and enter into contracts.
Constitution of the Board
According to Section 5, the government also has to constitute a board for the state known as Tamil Nadu town and country planning board. It will consist of:
- Minister in charge of town and country planning as the Chairman.
- Ministers of local administration.
- Secretaries to government departments like town and country planning, health, local administration, industries, housing, revenue, agriculture, finance, etc.
- Chairman of the Tamil Nadu State Housing Board.
- Chairman of the Tamil Nadu State Clearance Board.
- 3 chief engineers who are in charge of public health, municipal works, highways, rural works and buildings.
- 3 members nominated by the government, representing ministries of railway, civil aviation, transport, and communication.
- 1 member nominated by the Tamil Nadu Electricity Board.
- Director and joint director of town and country planning.
- 4 other members nominated by the government out of whom two will be from the legislative assembly of Tamil Nadu, one from the legislative council of the State and one from the members of parliament who represent the state of Tamil Nadu.
- President of the Chamber of Municipal Chairman.
- President of the Tamil Nadu Panchayat Union Association.
The director of town and country planning or any other officer appointed by the government will serve as the Member-Secretary. The term of office of all the members will be prescribed by the government.
Functions of the board
The powers and functions of the board as given under Section 6 are:
- The board must guide, direct, and assist the planning authorities in matters related to the planning and development of rural and urban areas in the state.
- The board will direct the authority in preparing plans for the development and undertake and assist in the collection, maintenance, and publication of statistics, bulletins and monographs in this regard.
- Make and furnish reports related to work done under the Act.
- Any other function related to the above functions and subject matter.
- The board also has the power to appoint any committee in order to carry out the functions given under the Act. This power is given under Section 7 of the Act.
Metropolitan development authority for Chennai
The government of Tamil Nadu has the power to establish a Metropolitan Development Authority for Chennai as given under Section 9A. It will consist of:
- Chairman, Vice-Chairman, six officers of government, two members from state legislature, appointed by the government.
- One person representing trade and industry in the area.
- One member secretary.
- Director.
- Joint director or deputy director of the town and country planning for the metropolitan area of Chennai.
- Commissioner of municipal corporation of Chennai.
- Two representatives of local authorities if there is only one such authority or else not more than four.
- Chairman of Tamil Nadu State Housing Board.
- Chairman of Tamil Nadu State Clearance Board.
- Whole time director of Chennai Metropolitan Water Supply and Sewerage Board.
Powers and functions of the metropolitan authority for Chennai
The powers and functions of the board, according to Section 9C, are:
- Carry out the survey of the Chennai metropolitan planning area and make a report on the surveys.
- Make a master plan, development plan, or new town development plan for the Chennai metropolitan planning area.
- Prepare the maps for land use and other necessary maps to prepare the development plans.
- Designate the metropolitan planning area of Chennai or any part of its jurisdiction to perform the following functions:
- Make a new town development plan for that area.
- Secure laying out and development of the new town according to the plan.
- Perform other functions as specified by the government.
- The authority can also entrust to any other local authority the execution work of such a development plan.
Planning areas, authorities and plans
Declaration of regional and local planning areas
According to Section 10 of the Act, the government of Tamil Nadu can declare any area in the state as regional planning area except the area of metropolitan planning of Chennai, after considering the following factors:
- Population of the area.
- Development of such areas.
- Any other factor as prescribed.
Any area can be specified as local planning area or a new town after taking into consideration:
- Population of such areas.
- Development of the concerned area for industrial and commercial purposes.
- Whether the particular area is reserved for a regional planning area.
- Any other matter as prescribed.
The inhabitants of the local authority can raise objections against such notification and submit the same in writing to the government within two months of publication of notification regarding specification of regional planning area, local planning area or new town. After the expiry of the prescribed time period, the government may declare such area to be regional planning area or local planning area or new town with or without any modifications and also specify the names of such areas.
The government after consulting the director can also amalgamate the two areas or sub-divide them into different areas and notify the same in the gazette of Tamil Nadu. If this is done, the government will also frame a scheme:
- To declare that the assets and liabilities of such an area will vest with the amalgamated regional planning authority or local planning authority.
- To determine the portion of assets and liabilities of the areas divided will vest with the concerned authorities constituted for each sub-division.
Regional, local or new town development planning authority
Section 11 provides that the government will also constitute the following authorities:
- Regional planning authority.
- Local planning authority.
- New town development authority.
Constitution of regional planning authority
The regional planning authority consists of:
- A chairman who is appointed by the government.
- Deputy director of town and country planning authority of such a region.
- Members of the local authority, not more than four, appointed by the government.
- A member secretary appointed by the government.
Constitution of local planning authority
The local planning authority consists of the following:
- Chairman to be appointed by the government.
- Two representatives if there is only one local authority in the areas and not more than four representatives if there are more than two such authorities in the area.
- Three persons appointed by the government out of whom two will be members of state legislatures representing the constituency of local areas.
- Member secretary appointed by the government.
Constitution of new town development authority
It consists of:
- Chairman to be appointed by the government.
- Chairman or member of regional planning authority.
- Deputy director of town and country planning of the concerned area.
- Four persons appointed by the government out of whom two will be members of state legislatures representing the constituency of the new town.
- Member secretary appointed by the government.
Functions and powers of planning authorities
The regional planning authority will carry out the following functions according to Section 12:
- Carry out surveys of the area and prepare reports.
- Prepare maps for land use and other necessary maps to prepare the regional plan.
- Prepare a regional plan.
- To carry out works mentioned in the master plan and detailed development plan.
The local planning authority will carry out following functions:
- Carry out surveys of the area and prepare reports.
- Prepare maps for land use and other necessary maps to prepare the master plan and detailed development plan.
- To carry out works mentioned in the master plan and detailed development plan.
- To prepare a master plan and development plan.
The new town development authority will perform the following functions:
- Prepare a new town development plan for the area.
- Secure laying out and development of the new town according to the plan.
- Carry out buildings and other operations.
- Provide the services of water, electricity, gas, sewerage etc.
Regional plans
According to Section 15 of the Act, the regional planning authority after consultation with the director, makes a regional plan. The plan will provide:
- Manner in which the land has to be used.
- Identification of urban and rural growth centres and sites for new towns.
- Development of transportation and communication.
- Services like water supply, sewerage, electricity, sewage disposal and other public utilities.
- Demarcation, conservation and development of natural scenic areas and areas of beauty, landscapes and natural resources.
- Areas for military and defence.
- Provisions related to prevention of erosion, afforestation, redevelopment of lakes, waterfalls etc.
- Irrigation, water supply and hydroelectric works etc.
Master plan
Section 17 of the Act provides for a master plan to be prepared by the local planning authority after consulting regional planning authority. It will provide provisions for:
- Manner in which the land of the planning area must be used.
- Allotment or reservation of land for the purpose of resident, industry, and agriculture.
- Allotment or reservation of land for the purpose of public buildings, institutions and civic amenities.
- Provisions for making national highways, ring roads, major streets etc.
- Improvement of streets.
- Areas for future development and housing.
- Improvement of bad layout areas, slum area and relocation of population.
- Provisions for development plan for areas kept for housing, shopping, industries etc.
- Stages in which the plan has to be implemented.
Development plan
The new town development plan will be prepared by the new town development authority after consulting the director and will be submitted to the government according to Section 18 of the Act. It consists of following contents as given under Section 20:
- Laying or relaying out of vacant or built land.
- Diversion, extension, alteration etc of roads, communications and lands.
- Removal or demolition of buildings and bridges.
- Redistribution of boundaries and reconstruction of plots.
- Disposal of land acquired owned by local planning authority.
- Transport facilities.
- Water supply.
- Lighting.
- Drainage.
- Construction of buildings and housing or rehousing of people displaced by such plans.
- Demarcation of land, buildings and structures of archaeology, history or natural scenery and so on.
Every such plan must consist of the following particulars:
- Lines of existing and proposed streets.
- Ownership of all lands and buildings.
- Area of such lands whether public or private.
- All details of plan.
Acquisition and disposal of land under Tamil Nadu Town and Country Planning Act
The provisions related to the acquisition and disposal of land are given under Chapter IV of the Act. According to Section 36 of the Act, any land reserved under the regional plan, master plan, development plan or new town development plan, can be acquired as per the provisions of the Land Acquisition Act, 1894. In order to purchase or acquire such land, the concerned planning authority will enter into an agreement with the concerned person or make an application to the government to acquire the land. If the value of land exceeds rupees fifty thousand the concerned planning authority will not enter into any agreement without the prior approval of the government. This is given under Section 37 of the Act.
Further, Section 38 provides that if there is no declaration regarding the land that is reserved, allotted, or designated under any plan within 3 years of the publication of a notification in the gazette or such land is not acquired, it will be deemed to be released from such a reservation, allotment, or designation. The Act, under Section 39 provides a right to compensation to a person whose land has been injuriously affected by any provisions related to any of the plans made under the Act.
Control of development and use of land under Tamil Nadu Town and Country Planning Act
Section 47 provides that after the development plan has come into force, no person will be allowed to use the concerned land except the state government, central government or local authority. They are also authorised to carry out any development in that area according to the development plan. If any person wants to carry out any development on a land other than that in the planning area, he must take the permission of local authority by giving an application in writing containing the particulars as prescribed (Section 47A). The local authority, before giving any permission, must obtain prior concurrence of the director, which is necessary in case of wetlands along with prescribed fees.
According to Section 49, if a person other than State or Central Government or local authority wants to carry out the development of any land or building on or after the date of publication of resolution under Section 26, will make an application to the appropriate planning authority. The authority while granting or refusing the permission must consider and also provide reasons for refusing to grant such permission:
- Purpose of application or permission.
- Suitability of place.
- Future development and maintenance of the area.
Section 50 further provides that the permission granted by the authority will be for a period not exceeding three years. However, before expiry of the said period, it can be extended to a period not exceeding three years by making an application in this regard. If the authority is of opinion that it is necessary to revoke or modify the permission granted for such development, it may do so after giving the concerned person an opportunity of being heard as given under Section 54 of the Act. The planning authority has the power to remove an unauthorised development and the power can be exercised according to Section 56 and 57 respectively.
Development charges under Tamil Nadu Town and Country Planning Act
Every planning authority according to Section 59 of the Act has to levy charges on the use of land or buildings or for their development for which permission is to be taken under the Act. The rates of development charges are different depending upon the different planning areas. The charges will be applicable on every person who carries out any development or changes the use of any land or building. However, it would not be applicable to any land or building under the control of the state or central government. According to Section 60, the development charge will be classified as:
- Industrial charge,
- Commercial charge,
- Residential charge,
- Agricultural charge,
- Miscellaneous charge.
In the case of the development of land, the rate of charge will be prescribed per hectare for the area and for the development of buildings, it will be according to per square metre for the floor. However, the rates must not exceed one lakh rupees per hectare for land and twenty-five rupees per square metre for buildings.
Any person who wants to carry out any development of any land or change its use for which permission is required under the Act, will apply to the appropriate planning authority or the executive authority or the local authority for the assessment of development charges according to Section 61. The power to collect such development charges vests with the local authority of the planning area as per Section 62. Section 63C provides that the government must constitute a fund named State Infrastructure and Amenities Fund in order to provide adequate infrastructure and basic amenities for the development and to ensure sustainable development of urban and rural areas.
Tribunal under Tamil Nadu Town and Country Planning Act
The provisions for the establishment of a tribunal under the Act are given under Chapter IX, Sections 71-75.
Constitution of the tribunal
According to Section 71 of the Act, the government will establish a tribunal under the Act to:
- Decide disputes related to development charges.
- Determine the amount of compensation and other questions related to the payment.
- Decide other disputes arising under the Act.
It consists of one person as a judicial officer who must not be below the rank of subordinate judge. Further, the tribunal has the same powers as vested with a civil court, and the jurisdiction will be determined by the government. Section 72 provides that the tribunal can appoint officers and servants to carry out its functions with the approval of the government.
Powers of the tribunal
The tribunal has the power under Section 73 to inquire about every claim of compensation made under the Act and then determine the amount to be paid as compensation. While determining the amount of compensation, the tribunal will be guided by the Land Acquisition Act, 1894, as given under Section 74. The amount determined as compensation by the tribunal will be paid by the planning authority as:
- Cash in instalments along with interest.
- Saleable or transferrable promissory notes or other securities.
- Partly in cash or partly in securities.
Section 75 provides limitations on the compensation. It provides that if a person is entitled to compensation with respect to land or building or any other provisions under this Act and any other Act, he will not be entitled to claim compensation in both Acts. Further, the planning authority can make an application to the government for withdrawal or modification of any development plan which gives rise to a claim for compensation within three months from the date when the order was made, and if the application is sanctioned by the government, the order of compensation will be cancelled. However, this will not bar the owner of property which is injuriously affected from claiming any compensation because of such a modified development plan under the Act.
Appeals under Tamil Nadu Town and Country Planning Act
The provisions related to appeal are given under Chapter X. The Act provides for three types of appeal:
- Appeal to the director.
- Appeal to the tribunal.
- Appeal to the prescribed authority.
Appeal to the director
Section 76 of the Act deals with appeal to the director. It provides that any aggrieved person having any objections against the order of the planning authority can prefer an appeal to the director within two months from the date of such order. However, the director can admit an appeal after the expiry of said period if there is any sufficient cause for the delay. No appeal will be preferred if the appellant has not paid the development charge due to him. The director can pass the following orders:
- For development charges:
- Confirm, reduce, enhance or annual such assessment.
- Set aside the assessment and direct the authority to pass a new order in this regard.
- Any other relevant order.
- For any other order, the director can cancel or vary such an order.
- The director can also pass an interlocutory order.
- He can also award costs which are to be paid either through the fund account or party to appeal.
Appeal to the tribunal
Any person aggrieved by the order of the director can prefer an appeal to the tribunal within two months from the date of such an order. The appeal must be preferred in a prescribed manner and upon payment of fees, which must not be more than two hundred fifty rupees. The tribunal can pass the same orders as that of the director after giving the appellant an opportunity to represent. If there is any change in the order or decision against which the appeal lies as a result of the appeal, the tribunal can direct the planning authority to amend such order or decision and if any amount is overpaid by the appellant, it shall be refunded to him without any interest. The tribunal can also pass interlocutory orders and award costs.
Appeal to the prescribed authority
According to Section 79 of the Act, any person aggrieved by the planning authority can prefer an appeal to the prescribed authority within two months from the date of such order but the prescribed authority can admit an appeal if the said period has expired only if there was sufficient cause for the delay. It can pass any order which it thinks is fit and the decision of the prescribed authority will be final. It can also pass interlocutory orders and award costs.
Penalties given under Tamil Nadu Town and Country Planning Act
Section 83 of the Act deals with general provisions about the penalties mentioned in Schedule 1. Any person who does the following will be punished with a fine as per the amount mentioned in Schedule 1:
- Contravenes any provision of the Act mentioned in Schedule 1.
- Contravenes any rules made under the sections mentioned in the schedule.
- Fails to comply with any direction given to him lawfully or any requisition made lawfully upon him.
Any person who is convicted earlier and contravenes the provisions mentioned in Schedule 2 or continues the contravention or does not comply with the directions will be punished for each day of contravention, which will not be less than twenty five rupees and not more than fifty rupees.
Section 84 further provides penalties if a person fails to comply with the summons, requisites, etc. and refuses to give information, with imprisonment up to six months and fine which will not be less than fifty rupees and a maximum of a thousand rupees. According to Section 86, if a person commits an offence for the first time under the Act, he or she will be punished with a fine that will not be less than five rupees and not more than fifty rupees. For the second time, he will be punished with a fine ranging from twenty five rupees up to two hundred rupees. Section 87 deals with offences committed by companies.
Power of government under Tamil Nadu Town and Country Planning Act
The government can exercise the following functions under the Act:
Power to call for records
The government has the power to call for any record of any authority or officer with respect to any proceeding, except those where an appeal lies, under the Act and examine the same regarding its correctness, regularity, and propriety of decision and can pass the necessary order according to Section 90 of the Act. However, no prejudicial order will be passed by the government against any person unless he has been given an opportunity to represent himself.
Power to delegate
The government can also delegate its power to any authority or officer under the Act, as given under Section 91. According to the section, the government or the director can delegate their powers to any officer except the power of the government to make rules and regulations under the Act and the power of the director to hear appeals under the Act. However, the exercise of delegated power by the officer will be subject to various conditions and restrictions.
Power to issue orders and dissolve a planning authority
The government can issue orders and directions to the subordinate officers under Section 92. It can also dissolve any planning authority if the purpose of constituting such authority is fulfilled and it is unnecessary to continue it, according to Section 112 of the Act. The following are the effects of such dissolution:
- All the funds, properties, and dues that were vested with the planning authority will now vest with the government.
- All their liabilities will be enforceable against the government.
- All the functions of planning authority, if left for realising the properties and funds, will be discharged by the government.
Power to make rules
The government can make rules and regulations regarding the following (Section 122):
- Powers and functions of the board and authorities under the Act.
- Term of office, conditions of service, and filing of vacant seats by members of the board and planning authorities.
- Qualifications and disqualifications of members of the board.
- Time and place of meetings of board and procedures to be followed therein.
- Powers and duties of the director.
- Manner in which representatives of the local authority will be nominated.
- Control and restrictions regarding the appointment of officers under the Act.
- Time frame within which the government or director has to approve or modify any development plan.
- Form and contents of a plan made under the Act.
- Procedure to be followed in appeals, along with a fine.
- Manner of serving the acquisition notice.
- Procedure for levying the development charge.
- Calculation, assessment, and collection of development charges under the Act.
- Form and manner in which the budget will be submitted by the planning authorities, along with the date of submission.
- Form of annual statements of accounts and balance sheet to be submitted by planning authorities and annual report to be submitted by the board.
- Procedure to be followed by the planning authority in case the owner makes any default or delays the work of improvement.
- Manner in which all the documents and necessary plans will be made under the Act by the planning authorities.
- Procedures to be followed by the tribunal etc.
Power to make regulations
The government has the power to make regulations regarding:
- Time and place of the meeting of planning authority, procedures to be followed in the transaction of business, and quorum of the meeting.
- Powers to be exercised by officers and servants of the planning authorities.
- Salaries, allowances, and terms and conditions of service of such officers and servants.
- Terms and conditions for the continuous use of any land other than that in development plans.
- Maintaining minutes of the meetings of planning authorities.
- Manner in which any investment or payment has to be done on behalf of the planning authority and the person who will be entitled to do so.
- Money required for the expenditure of expenses by the planning authority.
- Maintenance of proper accounts.
Duties of police officers and village officers
According to Section 96, the following are the duties of a police officer under the Act:
- To cooperate with the planning authority in order to enforce the provisions of the Act.
- To communicate the commission of any offence to the proper officer or servant of the concerned planning authority without any delay.
- To assist the planning authority or their officers lawfully if asked.
- The police officer not below the rank of head constable has the power to arrest a person committing any offence if he refuses to provide his name, address, and other necessary information when asked, according to Section 116.
Further, the duties of village officers, village headmen, village accountants, and village watchmen are as follows (Section 97):
- To prevent the destruction, alteration, removal, or displacement of any mark showing the boundary or control of planning authority on the property.
- To report any such incident to the nearest planning authority or its officer or servant.
Funds to be used for the purpose of Tamil Nadu Town and Country Planning Act
The government can constitute a fund named the State Town and Country Planning and Development Fund under Section 64 in order to carry out the purpose of the Act. The money for this fund will be allocated from the consolidated fund of the state. It will be granted as loans to the planning authorities to perform the functions mentioned in the Act, including:
- Preparation of development plans.
- Execution of such plans.
- Any other purpose incidental to the above purpose.
Further, Section 65 provides that every planning authority must maintain a separate fund called as planning authority and development fund account. Every local authority has to contribute ten percent of its general fund to such a fund of the planning authority. Further, all the development charges collected under this Act will be credited to this fund. Section 67 provides that the money of the fund will be utilised:
- To meet the administrative expenditures under the Act.
- Cost of the acquisition of land for development.
- To meet expenditures for the development and related works.
- Other expenses as required by the planning authority and government.
The planning authority is also required to make the budget every year, and provide the estimated expenditure under the Fund account, and submit the same to the government according to Section 68. The government will either approve the budget with or without modifications or ask the planning authority to make the necessary modifications. According to Section 69, every such authority has to maintain proper audits and accounts and prepare annual statements of accounts, which also include the balance sheet. Their account will be audited annually by the auditor appointed by the government in this regard. The board is required to make an annual report every year and submit the same to the government as per Section 70 of the Act.
Conclusion
The Act specifically deals with town and country planning in the State of Tamil Nadu, and hence, the power vests with the state government to make any rules and regulations to enforce the provisions of the Act. The objective of the Act is clear, i.e., to develop the rural and urban areas in the state and make plans for the same accordingly. It also provides planning authority for the metropolitan area of Chennai and its development. Such Acts contribute to the development of the nation by focusing on the development of the state. It is necessary to have such legislation in every state so that each state can focus on the development of its area for the benefit of the public and the country at large.
The Act also provides a separate mechanism and set of authorities to deal with the development and regulation of rural and urban areas. Further, a separate tribunal has also been established to deal with any dispute arising under the Act. This helps reduce the burden on the judiciary and provides for speedy justice. This Act can be an inspiration for other states to enact similar legislation in their state for the betterment of their people and area and work towards development and growth.
Frequently Asked Questions (FAQs)
Can the government be sued under the Act?
No, the government cannot be sued under the Act. Section 102 of the Act provides that no suit would be made against the government for any act done in pursuance of this Act.
Which Act has been repealed by the enactment of the current Act?
The 1971 Act repealed the Tamil Nadu Town Planning Act of 1920.
What do you mean by planning area under the Act?
According to Section 2(30), any area that is declared as a regional planning area, local planning area or site for a new town is known as a planning area.
Who will decide the disputes between planning authorities?
According to Section 114, if there is any dispute between the planning authorities regarding any matter under the Act and they are not able to settle it by themselves, the government will take cognizance of such dispute and decide the matter, and the decision taken thereof by the government will be final.
References
- https://www.tniuscbe.org/download/go/go905.pdf
- https://www.newindianexpress.com/states/tamil-nadu/2023/aug/22/climate-change-disaster-risks-to-be-included-in-town-planning-act-in-tamil-nadu-2607622.html
- https://www.scconline.com/blog/post/tag/tamil-nadu-town-and-country-planning-act/
- https://chennaicorporation.gov.in/images/TNCDRBR-2019.pdf
- https://timesofindia.indiatimes.com/city/chennai/tamil-nadu-town-and-country-planning-act-amended-for-land-pooling-scheme/articleshow/64921039.cms
- https://www.livelaw.in/tags/section-32-of-the-tamil-nadu-town-and-country-planning-act-1971
- https://www.business-standard.com/article/pti-stories/amendments-in-tamil-nadu-town-and-country-planning-act-upheld-113082901032_1.html
- https://www.financialexpress.com/india-news/madras-high-court-clarifies-on-applications-for-building-regularisation/851963/
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