THE

THE TAMIL
TAMIL NADU
NADU TOWN
TOWN AND
AND COUNTRY
COUNTRY PLANNING
PLANNING ACT,
ACT, 1971
1971
(Tamil
Nadu
Act
35
of
1972)
(Tamil Nadu Act 35 of 1972)

An Act to provide for planning the development and use

of rural and urban land in the State of Tamil Nadu and for
purposes connected therewith.

R.KAAVIYA
2014803006
II SEM,M.PLAN,
SAP,ANNA UNIVERSIT

INTRODUCTION

BACKGROUND

CONCEPT

CONTENTS

Background
Town and Country Planning legislation in
India -a borrowed concept- from United
Kingdom
Tamil Nadu- the Madras Town Planning Act
1920
Tamil Nadu Town and Country
Planning
REASONS
TO REVOKEAct
1920 1971
ACT
Applicable- only -municipalities and municipal corporations.
provision -to prepare TPS ;no provision - prepare comprehensive plans
such as Master Plans and Regional Plans.
Government -the implementation of TPS effective-exclusive planning
authorities

Aims/goals of the Directorate

To provide effective land development plan with
adequate infrastructural facilities.
To achieve socio-economic development of the state systematic development and regulation of growth of
urban and rural areas of the State through MP NTDP
DDP
To arrest the rural migration to cities and towns rural-urban integration through Regional Plans
To preserve the historical, heritage and tourism
important places in the state.
To protect environmentally and ecologically sensitive
areas of the state

CHAPTER 1.PRELIMINARY

This Act may be called the Tamil Nadu Town and Country Planning
Act, 1971,extends to the whole state of Tamil Nadu except the
places declared by cantonments under the cantonment Act.

CHAPTER 2: CONSTITUTION AND INCORPORATION OF THE TAMIL

NADU TOWN AND COUNTRY PLANNING AUTHORITIES.
3. Appointment of Director of
Town and Country Planning and
other officers
4. The Town and Country Planning Authorities: (a) The
regional planning authority; (b) The local planning authority;
and(c) the new town development authority

III. Areas, Authorities

and Plans
AREA

AUTHORITY

PLANS

1. Regional
Regional Planning Regional Plans
Planning Area Authority
2.Local Planning Local
Area
Authority
3.Chennai
Metropolitan
Area
4.Site for
Town

Chennai
Metropolitan
Development
Authority

Plans Master Plans,

Detailed
Development
Plans
Master Plans,
Detailed
Development
Plans

New New Development New Town Development

Authority
Plan

REGIONAL PLANS
(a) land use
(b) identification of urban and rural growth centre
(c) transport and communication
(d) water-supply & sewage disposal
(e) demarcation, conservation and development
(f) demarcation of objects and buildings of
archaeological or historical interest
(g) areas required for military and defence purposes;
(h) provision for afforestation, or reforestation,
(i) irrigation, water-supply and hydro-electric works

MASTER
PLANS
land use
provision for transportation & communication
traffic and transportation pattern and traffic circulation
pattern;
the major road and street improvements;
future development
improvement of areas of bad layout the amenities, services and utilities;
detailed development of specific areas
-the control of architectural features
Zoning regulations stages by which the master plan shall be carried out;

DETAILED DEVELOPMENT PLANS

(a)the laying out or relaying out of land
(b) the construction, diversion, extension, alteration,
improvement or closure of lanes, streets, roads and
communications;
(c) the construction, alteration, removal or demolition of
buildings, bridges and other structures;
(d) the acquisition
(e) the redistribution of boundaries
(f) the disposal by sale, exchange, lease
(g) transport facilities;
(h) water-supply;
(i) lighting;
(j) drainage
(k) reservation of land for public spaces
(l) housing or rehousing of persons
(m) the demarcation of places or objects and buildings of
archaeological or historical interest or natural scenic beauty
(n) the imposition of conditions and restrictions

STAGES IN THE PREPARATION AND APPROVAL OF PLANS(SEC 21 TO

SEC39)
Preparation of present land use and building use map
planning authorities, -prepare- the land and building use map.

Preparation and submission of plans

planning authorities prescribed time, prepare and submit the appropriate plan to the
Government or to the Director
DDP outside CMA -Director ;other plans -Government.

Consent from the Government or the Director to the publication of

notice of preparation of plan
consent to the publication of notice of preparation of Plans.
Consent is an intermediate stage in the plan preparation and approval..
the plan - statutory validity and the planning permission -mandatory requirement.
The market value of the land -compensation for land acquisition.
after this notification, the planning authorities -to acquire land required for public
purpose.

Notice of Preparation of the Plan

consent

publish the notice TNGG ;leading daily news paper planning region
inviting objections and suggestions in writing ;shall not be less than two months.
expiry of the period, PA-allow -request for being heard
submit the plan to the Government / Director with or without modification.

Approval by the Government / Director

The Government / Director approve the said plan or may approve it
with modification as they may consider it necessary

Coming into Operation of the Plan

The approval of the plan -published in the TNGG
and in leading daily news papers of the PLANNING region
-OPEN inspection of the public.
The said plan shall come into operation from the date of the
publication of such notification of the Tamil Nadu Government Gazette.
Variation, Revocation and Modification of the Plans
RP,MP,NTDP,DDP approved at any time be varied and revoked by
subsequent plans prepared and approved under this acts.
MP REVIEWED- ONCE IN 5 YRS
RP- 10 years -after carrying out fresh surveys.

ACQUISITION AND DISPOSAL OF LAND

In India, land could be acquired only through the Land Acquisition Act 1894,
Tamil Nadu Town and Country Planning Act 1971, provides for two aspects:
Interface with the L.A. Act
-Quicken -acquire the land -implement the plans,
it has two provisions.
land required, reserved / designated
deemed to the land needed for public purpose within the meaning of the L.A. Act.
After the publication of the notice the PA
-an application to the government for acquiring such land under the L.A. Act 1894.
On the receipt of the application if the government satisfied-declaration TNGG. The
declaration -shall be deemed to be a declaration made under Section 6 of the L.A. Act.

Release of Land
If within 3 years -publication of the notice in TNGGno declaration
or such land is not purchased -private agreement,
such land shall be deemed to be released - such
reservation, allotment or designation

39. Right to compensation

Any person affected RP /MP/DDP/NTDP- claim
to tribunal entitled to obtain compensation

CHAPTER V. SPECIAL PROVISIONS REGARDING NEW TOWN

DEVELOPMENT
AUTHORITY

The New Town Development Authorities constituted under this act have
powers to
40. Disposal of land by new town development authority.
41. Power to make agreement for provision of services.
42. Contributions by new town development authority
towards expenditure of local authority and statutory body.
43. Advances and payments by Government to the new
town development authority.
44. Power of the new town development authority to
borrow and lend.
45. Transfer of undertaking of new town development
authority.

CONTROL OF DEVELOPMENT AND USE OF LAND

Sec47-sec58
Use and Development of land to be in conformity with development plan
DP OPERATION in any area, no person other than any
State /the Central Government /other LA shall
development in that area other wise than in conformity with such development plan.
Restrictions on Buildings and lands in the area of the planning authority
-publication of the resolution of the PA - prepare the D.D.P or of the notice in the TNGG
after consent, no person other than the governments / authorities as said above shall
carry out any operation in on, over or under any land or make any material change in the
use of land or construct or layout any work except with the written permission of the
appropriate planning authority.
Application for planning permission
after publication of the resolution in the D.D.P or of the notice after consent, any person
NT State /the Central /any LA- any development on any land /building -application in
writing to the appropriate PA- permission.
PA-deciding whether to grant or refuse
such permission shall - regard to the following matters:the purpose for which the permission is required
the suitability of the place for such purpose
the future development and maintenance of the planning area

Duration of Permission

Duration PP-3 -years,

Before expiry - could be extended -in no case exceed 3 years
any expiry of permission shall not bar any subsequent application for fresh
permission under this Act.

Exemption for works in Progress

Any works commenced before the publication of resolution

+after consent is exempted from restriction.

Power of Revocation and Modification of Permission to Development

If DP appears advisable to the PA -to revoke / modify any PP-granted under

this act, PA may do so,
after giving the person -being heard against such revocation or modification,
provided
owner - compensation for the expenditure -carrying out the development after PP
-the PA shall assess and offer such compensation to the owner as it thinks fit.
owner does not accept the compensation,- the P.A shall refer the matter to the
adjudication of the Tribunal.

Power to require Removal of Unauthorised Development

The P.A. may within 3YRS of such development, serve on the owner a notice(NT
LESS THAN 1 MONTH)
to make such steps demolition, alteration or discontinuance of any use.
- the discontinuance of any use of land or building the P.A. shall serve a notice
on the occupies also.
Any person notice- may apply for PP .
IF PP GRANTED- NOTICE NO EFFECT.
IF PP NOT GRANTED, the notice - have full effect.
If within such period specified in the notice the directions are not complied
with, the P.A. may prosecute the owner for not complying with the notice.
In the case where the notice requires the demolition or alteration the P.A. may
carryout such operations and recover the cost of any expenses incurred by it in
OWNER ARREAS OF LAND REVENUE.
.

Power to Stop Unauthorized Development

Where any such development - carried out but not been completed- the
P.A. may serve on the owner -a notice - the development to be Discontinued
from the time of service of such notice.
Development Undertaken on Behalf of any State Government or
Central Government or Local Authority
The officer in charge shall inform in writing the concerned P.A. -the
intension to do so,
At least 30 DAYS before undertaking such
developments.
IF P.A. raises any objection the officer in charge shall
necessary modifications in the proposals /
objections by the P.A. to the Government,
who may approve the proposals with or without modifications

Levy of Development Charge

Every planning authority - levy D.C on the
institution of use or change of use of land or building or
development of land or building for which permission is required under the act.
When the D.C is levied for the first time a notification in the T.N.G.G specifying the rates shall be
published.

Rates of Development Charge

For the purpose the use of land building shall be classified under the following categories
industrial
commercial
residential
agricultural and
Miscellaneous
(a) in the case of development of land, at a rate to be prescribed per hectare for that
area;
(b) in the case of development of building, at a rate to be prescribed per square
metre of floor are for that area
Assessment of Development Charge
The P.A shall assess -amount of DC - notice of such assessment. -permission not granted,- may
postpone the assessment of the DC
Power of Local Authority to Collect the Development Charge
Every local authority in the area of a planning authority shall, in regard to the planning area

Finance
The act provides for the constitution of two funds
State level:- State Town and Country Planning development fund
Planning Authority level:- the Planning and Development Fund
Account (Fund Account)
Sources of Fund Account
grants, advance, loans from the government
Every P.A shall prepare the budget and get it approved, maintain
proper accounts and other relevant records and prepare annual
reports for every year
Tribunal
The government may constitute as
tribunals necessary for deciding disputes on
Development Charge
Compensation
Reservations in the DDP

many

Appeal, Revision and Review

Appeal to the
Director on D.C
Tribunal on D.C and compensation
Prescribed authority on planning permission
Revision
call for - examine the record -the regularity of such
proceedings on the corrections, legality or propriety of any
decision.
Review
applicant apply for the review - basis - discovery of new and
important facts - after the exercise of due diligence could not be
produced by him when the order was made.
The District Court may, of its own motion or on an
application, call for an examine the record of any
Tribunal

PENALTY
84. Disobedience of summons, requisitions, etc., and
refusal to give information.
85. Restoration of property to original state where it is
dealt with in contravention of section 47 or 48
86. General provision for punishment of offences.
87. general provision for punishment for breach of
provisions of the development plan
shall be penalized with fine or with imprisonment or both
Exemptions
Not withstanding anything contained in this act, the government
may exempt any land or building from all or any provisions of this act or
rules or regulations made.

VIOLATION OF THE ACT

AMENDMENTS FOR EFFECTIVE ENFORCEMENT

Section-56 Of Tamilnadu Town

And Country Planning Act 1971
Existing Section 56(4)(a)
The notice shall not be of any effect
pending the determination or
withdrawal of the applicant.
Proposed Section 56(4) (a)
On receipt of application under
Section-49 the concerned Authority
may stay the operation of the notice
for such time as is deemed
Section-57 of Town and Country
reasonable.
Planning Act 1971
Introduction of Section 57 (3)
Where in contravention of notice
served under Section-57 (1) any further
construction is undertaken such
construction shall be removed without
any further notice.

Section-85 Introduction of
Section-85 (3) The unauthorized
reconstruction of the building
wholly or partly removed under
Section 56(5) (b) or Section 57(3)
or 85(2)(a) shall be punishable
with simple imprisonment for a
term not less than 1 month and
not exceeding 3 months.
Deletion of Section-113
Existing provision
Notwithstanding anything contained
in this Act, the Government may,
subject to such conditions as they
deem fit, by notification, exempt any
land or building or class of land or
buildings from all or any of the
provisions of this Act or rules or
regulations made there under.

CONCLUSION:
Lack coordination in planning ,implementation & enforcement

basic objective systematic land development effective land

development not well achieved.

References:
TN Town and country planning Act 1971 and rules- SAMBANDAM
&RAJARAM
Directorate of Town & Country Planning, Tamil Nadu(Website)