Go 78 PDF
Go 78 PDF
Go 78 PDF
NOTIFICATION.
RULES.
(7) “Guideline value” means the guideline value of the land fixed by the
Registration Department prevailing as on 1st August, 2007 for the plots
registered upto 31st March, 2012 and for the plots registered on or
after 1st April, 2012, the prevailing guideline value as on the date of
notification of these rules. For the unsold plots in the layout, the
value fixed by the Registration Department on the date of issue of
in-principle approval of layout framework;
3
(12) “Plot holder” means a person in whose name the plot is registered with
a registered sale deed or title deed executed on or before the 20th
October, 2016;
(18) Words and expression used, but not defined in these rules, shall have
the same meaning assigned to them in the Tamil Nadu Town and
Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972).
(1) No plot or layout in part or whole, which is located in public water body
like Channel, Canal, Tank, Lake, River, etc. shall be eligible for
regularization.
(4) Vacant plots blocking access to surrounding lands which do not have
any other means of access are not eligible for regularisation.
(5) No plot or layout in part or whole, lying in the lands affected by the
alignments of proposed road or rail corridors and street alignments
specified in the development plans shall be regularised.
(7) No plot or layout in part or whole, lying in the lands below the
alignment of high tension and extra high voltage electric line including
tower lines shall be regularised.
(3) Within 15 days from the date of notification of these rules the Competent
Authority specified in rule 2(2)(ii) shall call upon the Competent Authority
specified in rule 2(2)(i) to furnish a certified list of unapproved layouts
formed within its jurisdiction along with the details of name of the
revenue village, survey numbers or ward numbers, town survey
numbers, name of the local body, as the case may be covered by the
layout and its extent.
(4) Upon receipt of the list of unapproved layouts, the Competent Authority
specified in rule 2(2)(ii) shall suo-motu prepare and approve and give
in-principle approval for the layout framework as existing on ground by
employing the services of licensed surveyors for those layouts which are
covered in the list furnished by the Competent Authority specified in rule
2(2)(i) but not applied for regularization by any of the layout
Promoter/Registered Co-operative Society/Association of plot owners.
(iv) A self attested copy of sale deed or title deed for the plot.
(ii) A copy of the topo sketch plan showing the public access to
the layout, width of the access road and the surrounding
physical features within a radius of 500 metres from the
layout;
(c) A self declaration in Form-II to the effect that the layout is not
attracted under the provisions of the Tamil Nadu Urban Land
(Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978)
and the Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Act, 1961 (Tamil Nadu Act 58 of 1961);
(c) Any plot for regularisation shall abut a public road or gain access
from a public road through a passage over which the applicant has
the right to access.
(d) The layout applied for regularisation shall gain access from a public
road of minimum width of 4.8metre in case of Corporations and
Municipalities and 3.6metre in case of Town Panchayats and Village
Panchayats.
(f) In case of layouts where less than one-third of the total number of
plots in the layout have been sold before the cut off date:
(i) The layout shall conform to the Development Regulations or
Development Control Regulations, as the case may be, and the
land use prescribed in the Master Plan except the width of the
access road and conversion to other purpose from Agriculture
usage in non-planned area.
(ii) The procedures normally followed in the regular applications for
approval of layout shall apply.
(g) In case of layouts where one-third and above and upto two-third of the
total number of plots in the layout have been sold:
(iii) The reservation of land for Open space reservation and public
amenities shall be provided by amalgamating or altering the unsold
plots. Only in cases where it is not feasible to reserve the land for
Open space reservation, equivalent guideline value shall be collected
for the shortage area.
(iv) In layouts where a portion or whole of the layout is formed in
agricultural lands in areas other than planning areas, the Competent
Authority shall examine whether any common irrigation field channel
has been obstructed or encroached or removed due to the formation
of layout and also the level of inundation to decide on the in principle
approval of the layout framework.
(v) In case of layouts still possessing some unsold plots under layout
regularization scheme, the promoter shall hand over minimum space
in the layout to provide common amenities e.g., Over head water
tank, Electricity transformer etc., as required by the Local Planning
Authority.
(h) In case of layouts where more than two-third of the total number of plots
have been sold before the cut-off date:
(i) The layout shall be regularised „as is where is‟ condition except for
the restrictions in rule 4.
(ii) The reservation of land for Open space reservation shall be provided
if feasible by amalgamating or altering the unsold plots. In such
cases either the promoter or all the plot owner shall give No
Objection Certificate for such modification or reservation. Only in
cases where it is not feasible to reserve the land, equivalent
guideline value in lieu of Open space reservation shall be collected
for the shortage area.
(iv) In case of layouts still possessing some unsold plots under layout
regularization scheme, the promoter shall hand over minimum space
in the layout to provide common amenities e.g., Over head water
tank, Electricity transformer etc., as required by the Local Planning
Authority.
11
9.
\ Regularisation Charge – (1) Regularisation charge shall be assessed and
levied separately for the plot or layout for regularisation under these rules at
the rates given below:-
The regularisation charge per square meter of the plot area shall be-
(i) Rs.100/- in City Municipal Corporation area;
(ii) Rs.60/- in Municipal area; and
(iii) Rs.30/- in areas covered under Town Panchayats and Village
Panchayats areas.
The above regularisation charges shall be remitted into Government
account.
10. Levy of Development Charge – Development charge shall be collected for
the plot or layout to be regularized at the rates given below:-
The Development Charge per square metre of the plot area shall be,-
(a) Rs.600/- in City Municipal Corporation Area;
(b) Rs.350/- in Special and Selection Grade Municipal Area;
(c) Rs.250/- in Grade-I and Grade-II Municipal Area; and
(d) Rs.150/- in Town Panchayat.
(e) Rs.100/- in Village Panchayat Area.
The development charges so collected shall be remitted to the account of
the respective local bodies.
11. Charges for Open space reservation (OSR) Area – (1) For regularization
of plot in a sub-division, the Open space reservation area requirement as
per the Development Regulations or Development Control Regulations, as
the case may be, shall be calculated and charged proportionate to the plot
area applied for regularization.
(2) For regularisation of layout, open space reservation area charge shall
be collected for 10% of the layout area as per the guideline value specified
in clause (7) of rule 2, if 10% of open space reservation area is not
available. However, if part of the required 10% open space reservation area
is available in the layout then such available area shall be deducted in the
calculation of open space reservation area requirement and charges levied
accordingly.
12
(3) Open space reservation area charges shall be remitted in the accounts
of the competent authority specified in Rule 2(2)(ii) as per the existing
norms followed by the said competent authority.
12. Scrutiny fees.– Scrutiny fee at the rate of Rs.500/- per plot shall be
collected by the competent authority specified in rule 2(2)(ii).
13. Removal of doubt: The Regularization Charges, Open space reservation
area charges and Development Charges specified in these rules are
inclusive of the normally leviable charges by the Chennai Metropolitan
Development Authority / Directorate of Town and Country Planning and
Local Authority under the relevant laws and therefore they shall not collect
any other charges other than the charges specified in these rules for issue of
regularization order for the plot.
14. Processing of the application – (1) The Competent Authority specified in
rule 2(2)(i) on receipt of application for regularization of a plot in a sub
division, shall carry out inspection, confirm the status of access road,
examine the application as per these rules, call for any additional details or
particulars if necessary and decide on the regularization of the plot. The
Competent Authority shall certify that the plot forms part of a sub division and
not a layout before regularization of the plot. If the plot is found
regularisable, a demand notice for payment of Regularisation Charges,
Development Charges and Open space reservation Charges shall be issued.
On receipt of the charges, the Competent Authority shall issue regularization
order along with a copy of plan showing the plot regularized.
(2) The Competent Authority specified in rule 2(2)(i) shall process the
application for regularization of the individual plot in a layout only after in
principle approval of layout framework is granted by the Competent
Authority specified in rule 2(2) (ii) for the layout.
(3) The Competent Authority specified in rule 2(2)(ii) shall on receipt of
application for regularization of layout, shall carry out inspection,
examine the application as per these rules, call for any additional details
or particulars which are relevant to consider, if necessary and decide on
the in-principle approval of layout framework.
Provided that if the additional details or particulars called for by the
Competent Authority are not furnished within sixty days from the date of
receipt of the communication by the applicant, the application shall be
rejected.
(4) In case of applications submitted to the Competent Authority specified in
rule 2(2)(ii), the rectification in the layout directed by the Competent
Authority shall be completed to the satisfaction of the Competent
Authority specified in rule 2(2)(ii) including handing over of open space
reservation land and roads, if any, to the concerned local authority.
13
(5) If the layout is in accordance with these rules, upon intimation received
from the Competent Authority specified in rule 2(2)(i) of the satisfactory
rectification of the layout and the handing over of Open space
reservation land and roads the Competent Authority specified in rule
2(2)(ii) shall grant in principle approval to the layout framework and
forward a copy of the thus approved layout framework to the Competent
Authority specified in rule 2(2)(i).
(6) On receipt of the in-principle approval of the layout framework from the
Competent Authority specified in rule 2(2)(ii), the Competent Authority
specified in rule 2(2)(i) shall ensure that the individual plot applied for
regularization tallies with the corresponding plot in the in-principle
approved layout framework in respect of the plot dimensions and width
of abutting road and issue demand notice for payment of Regularization
Charges, Development Charges and Open Space Reservation
charges.
(7) If the payment is made as per the demand notice, the Competent
Authority specified in rule 2(2)(i) shall issue regularisation order for the
plot along with a copy of plan showing the individual plot so regularised.
(8) (a) In case of layout plans prepared suo-motu as given in rule 5(4), the
Competent Authority specified in rule 2(2)(ii) shall examine the layout
in accordance with the guidelines in rule 7 and propose necessary
changes if any required and estimate the scrutiny fees, regularistion
charges, development charges, OSR charges and the cost of
improvement works for the entire layout. The charges and fees which
shall be collected from each plot owner of the layout on pro-rata basis
shall also be estimated.
(b) The Competent Authority specified in rule 2(2)(ii) shall incorporate the
changes or rectification works in the layout plan and grant in-principle
approval for layout frame work. The in-principle approved layout
frame work plan and the charges and fees to be collected from each
plot owner on pro-rata basis shall be forwarded to the Competent
Authority specified in rule 2(2)(i).
(c) On receipt of the in principle approved layout framework and the
details of charges to be collected, the Competent Authority specified
in rule 2(2)(i) shall confirm the ownership right of the plot owner,
collect the charges applicable for the plot and issue approved
regularized plan for the plot. The Competent Authority specified in
rule 2(2)(i) shall undertake the improvement works on behalf of the
layout promoter or plot owners. The roads shall be taken over suo-
motu for maintenance under the appropriate provisions of the local
bodies Acts and rules made thereunder.
14
17. Appeal.– (1) Any person aggrieved by an order passed by the Competent
Authority in Chennai Metropolitan Planning Area may prefer an appeal to
the Government and in other areas to the Director of Town and Country
Planning within thirty days from the date of receipt of the order:
Provided that the Government or the Director of Town and Country
Planning, as the case may be, may admit an appeal preferred after the
expiration of thirty days, if they are satisfied that the appellant had sufficient
cause for not preferring the appeal within the said period.
18. Revision.– Any person aggrieved by an order passed by the Director of
Town and Country Planning in any area not covered under the Chennai
Metropolitan Planning Area may prefer revision to the Government within
thirty days from the date of receipt of the order:
Provided that the Government may admit a revision preferred after the
expiration of thirty days, if they are satisfied that the appellant had
sufficient cause for not preferring the revision within the said period.
19. Review. – Any person aggrieved by an order passed by the Government
in an area covered under the Chennai Metropolitan Planning Area may
prefer review to the Government within thirty days from the date of receipt
of the order by explaining new grounds for reviewing the order:
Provided that the Government may admit a review preferred after the
expiration of thirty days, if they are satisfied that the applicant had
sufficient cause for not preferring the review within the said period.
20. Disclaimer.– Regularisation of plot under these rules shall not be deemed
to be a regularisation of the building constructed in the plot and does not
confer any right on the applicant or owner of the plot to obliterate the
action taken against such buildings under sections 56 and 57 of the Act.
21. Transitory provisions.– (1) All appeals or applications which are pending
before any Committee or the Government, as the case may be, and eligible
for regularisation under these rules, then, the Committee or the
Government, as the case may be, shall transfer those appeals or
applications to the Competent Authority and the Competent Authority shall
deal with such cases in accordance with these rules.
(2) Any person whose application was rejected or refused under the
relevant rules prevailing in the respective areas, immediately before the
date of coming into force of these rules, shall make an application afresh to
the Competent Authority by satisfying the provisions of these rules.
//True Copy//
FORM I
Application for regularisation of plot and layout
[See rule 5 (1)]
From
To
The Competent authority,
Sir
I hereby apply for regularisation of plot / layout under the provisions of the
Tamil Nadu Regularisation of Unapproved Plots and Layouts Rules 2017. The
details of the plot / layout proposed for regularization are furnished in the
following table:
Sl.
Subject. Details.
No.
1) Name of the applicant.
2) Name of the layout, if any.
3) Plot number(s).
4) Name of the Village and
Panchayat.
5) Panchayat Union.
6) Name of the Corporation /
Municipality/Town
Panchayat.
7) Ward No. and Block No.
8) Taluk.
9) District.
10) Survey Numbers of the plot
or sub-division or layout
applied for regularization.
Plot Number (s) Wet land Dry land
Encl:
1) Self Assessment Working Sheet.
2) Declaration
3) Undertaking
For Layout
(a) Total Plot Area in sq.m.
//True Copy//
Form - II
Format of Declaration
(See rule 5 (7) (c)
I ………………………………………….S/o.,D/o………………….……………
am the applicant for the plot(s) bearing no.s .……………………………………. in
T.S.No/R.S.No/S.No ………….………………………….Ward No……………Block
No……………………..of ……….………….. Village ……………………………Taluk
………………………….District solemnly affirm that the plot / layout applied for
regularization under these rules is not attracted under the provisions of the
Repealed Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil
Nadu Act 24 of 1978) and Tamil Nadu Land Reforms (Fixation of Ceiling on
Land) Act, 1961 (Tamil Nadu Act 58 of 1961).
I understand that if the above said land is declared otherwise, the plot/
layout if regularized shall be cancelled.
//True Copy//
Section Officer
Form - III
Format of Undertaking in Rs.20/- non judicial stamp paper
(For regularization of unapproved layout)
(see rule 5 (7)(d)
I…………………………………………….S/o.,D/o………………………………..
am the applicant for the plot(s) bearing no(s) ………...………….. in
T.S.No/R.S.No/S.No…………………………………Ward No……………..Block
No…………….………….. of …………………… Village ……………………………
Taluk…………………….. District
//True Copy//
Section Officer