General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments

© GOVERNMENT OF TAMIL NADU 2020

[Regd. No. TN/CCN/467/2012-14

[R. Dis. No. 197/2009.

[Price : Rs. 13.60 Paise.

No. 17] cHENNAI, WEDNESDAY, APRIL 22, 2020 chithirai 9, Saarvari, Thiruvalluvar Aandu–2051

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIfICATIONS by GOVERNMENT

CONTENTS

Pages.

HOUSING AND URBAN DEVELOPMENT DEPARTMENT

The Tamil Nadu Regularisation of Unapproved Layouts and Plots in Hill Areas Rules, 2020. 38-69 DTP—17-III-1(a)

[37]38 TAMIL NADU GOVERNMENT GAzETTE [Part III-Sec.1(a)

NOTIfICATIONS by GOVERNMENT

HOUSING AND URBAN DEVELOPMENT DEPARTMENT

The Tamil Nadu Regularisation of Unapproved Layouts and Plots in Hill Areas Rules, 2020.

[G.O. Ms. No. 66, Housing and Urban Development [UD4(3)], 30th March 2020,

பங்குனி 17, விகாரி, திருவள்ளுவர் ஆண்டு&2051.]

No. SRO A-20/2020.—WHEREAS guidelines for regularization of unapproved Layouts and plots in urban and rural areas including hill areas is being implemented as per the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. It is noticed that a large number of unapproved Layouts and sub-divisions developed all over the State in both the urban and rural areas and Hill Areas coming under the purview of Hill Area conservation Authority (HAcA), are without adequate infrastructure and public amenities and most of the plots in such Layouts and sub-divisions have been purchased by poor and innocent people and there is no way to convert these Layouts and sub-divisions or plots back to their original use;

AND WHEREAS it is expedient to regularize the plots in such unapproved Layouts or sub-divisions in Hill Areas so as to protect the interests of those innocent purchasers and to provide basic infrastructure facilities;

AND WHEREAS it is also observed, that regularization of sold out plots alone without considering the Layout or sub-division as a whole will result in noncontiguous pockets of development, causing enormous difficulty to the Local Bodies to provide services to the regularized plots in isolation and therefore, it is considered necessary to regularize these unapproved Layouts and sub-divisions in Hill Areas in their entirety by insisting to widen the roads, improve circulation, reserve areas for open space and public purpose to the extent feasible in each Layout. Regularization will be considered on case to case basis depending on the NOc issued by the District level officials of the departments vnamely, Forests, Geology and Mining and Agricultural Engineering;

NOW THEREFORE, in exercise of the powers conferred by section 113 of the Tamil Nadu Town and country Planning Act,1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby exempts the unapproved Layouts in the Hill Areas except for certain specific hill areas like "Elephant corridors" as identified by the Environment and Forest Department of Government of Tamil Nadu, "Ecologically sensitive areas" as notified by the Government of India vide the Gazette of India, Part II, sec 3, subsection (ii), dated:03-10-2018 and Landslide prone areas identified by the Geology and Mining Department, where any or all plots are sold and registered on or before the 20th October 2016 and all unapproved plots which are sold and registered on or before the 20th October 2016 from the operation of all the provisions of the Tamil Nadu Town and country Planning Act,1971(Tamil Nadu Act 35 of 1972) and makes the following rules for regularization of such unauthorized Layouts and plots under section 122 of the said Act.

Rules.

(1) Short title.– These rules may be called the Tamil Nadu Regularization of Unapproved Layouts and Plots in Hill Areas Rules, 2020.

(2) Definitions.–In these rules, unless the context other wise requires,-

(1) "Act" means the Tamil Nadu Town and country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(2) "Annexure" means Annexure appended to these rules;

(3) "competent Authority" means,-

(i) for regularization of unapproved individual plot in a sub-division or Layout in Hill areas-

(a) in case of a city Municipal corporation, the commissioner;

(b) in case of a Municipality, the commissioner;

(c) in case of a Town Panchayat, the Executive Officer; and

(d) in case of a Village Panchayat, the Block Development Officer (Village Panchayats);

(ii) for regularization of Layout in the selected Hill areas, the Member-Secretary of the composite Local Planning Authority or Regional Planning Authority or the New Town Development Authority functioning under the control of the Town and country Planning Department or the Regional Deputy Director or Assistant Director of the Town and country Planning Department, as the case may be, in whose jurisdiction the Layout exists;

(4) "Development charge" means the amount to be collected towards the cost of providing amenities and infrastructure facilities in urban and rural areas within the jurisdiction of the Local Authorities at the rates specified in rule 12;

(5) "Development control Regulations" means the development control regulations for the areas as prescribed in theApr. 22, 2020] TAMIL NADU GOVERNMENT GAzETTE 39 respective Master Plans, wherever applicable;

(6) "Development Plans" means Master Plans, Regional Development Plans, New Town Development Plans, Detailed Development Plans and Town Planning Schemes in force in the respective planning area;

(7) "Form" means Form appended to these rules;

(8) "Guideline value" means the guideline value of the land fixed by the Registration Department prevailing as on the 1st August, 2007 for the plots registered up to the 31st March, 2012 and for the plots registered on or after the 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;

(9) "Layout" means division of land into plots by introducing a new road or street in the hill areas falling under the jurisdiction of Directorate of Town and country Planning;

(10) "Layout framework" means Layout plan approved by the competent Authority specified in clause (ii) of sub-rule(3) of rule 2 with or without changes, showing the changes made on the ground Layout plan submitted by the Layout Promoter or Society or Association or prepared suo-motu as per sub-rule(3) of rule 7 for the purpose of improving the Layout;

(11) "Layout Promoter" means a person whether owner or authorized person of any land including a registered co-operative society and an Association, who has developed land into a Layout for the purpose of selling the plots in the said Layout;

(12) "Local Authority" means all city Municipal corporations, Municipalities, Town Panchayats, Panchayat Unions and Village Panchayats;

(13) "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;

(14) "Plot or Unapproved plot" means a plot in an unapproved Layout or sub-division in the hill areas;

(15) "Regularization charge" means a charge to be paid for regularizing the unapproved plot or the unapproved Layout or the unapproved sub-division in the hill areas as provided in rule 11;

(16) "Regularization of unapproved Layout in the Hill areas" means the regularization of unapproved Layout framework in the hill areas. Such regularization of unapproved Layout framework will not automatically regularize the individual plot in the Layout. The individual plot owner / promoter (in the case of unsold plots) shall, after regularization of unapproved Layout framework in the hill areas, apply for regularization of his plot/plots separately;

(17) "Sub-division" means division of land abutting an existing road or street into plots without introducing any new road or street in areas falling within the jurisdiction of Directorate of Town and country Planning;

(18) "Unapproved Layout or sub-division" means a Layout or sub-division of land made without the prior approval or concurrence of the Director of Town and country Planning;

(19) 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) and Tamil Nadu combined Development and Building Rules, 2019.

3. Applicability:- (1) These rules shall be applicable to the following areas, namely.-

(a) Hill Areas specified in Annexure-I.

(b) (i) List of Hill Stations specified in Schedule II to the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920),

(ii) Other local bodies to which chapter X-A of the said Act has been extended; and

(iii) List of such villages/taluks in the hill areas falling under the districts, namely, The Nilgiris, Dindigul and Salem.

(2) These rules shall not be applicable to the Hill areas specified in Annexure II.

4. Eligibility for considering regularization of unapproved plots and Layouts.– Only those unapproved Layouts where a part or full number of plots have been sold through a registered sale deed on or before the 20th October, 2016 shall be eligible to be considered for regularization under these rules. Similarly, all plots including unsold ones are eligible for regularization in Layouts where at least a part of the total number of plots have been sold through a registered sale deed on or before 20th October 2016. Individual plot in a sub-division registered by a sale or title deed on or before 20th October, 2016 shall also be eligible for regularization. As proof and evidence, the plot holder or the Layout promoter is required to furnish copies of the sale deed or title deed for the plots sold. Agreement for sale or General Power of Attorney shall not be considered as evidence for proof of sale of plot.

5. Restrictions for regularization of unapproved plots and Layouts in the Hill Areas. – The following categories shall not be eligible for regularization, namely:-

(i) plot or Layout in part or whole, which is located in public water body like channel, canal, Tank, Lake, River, etc.; (ii) plot or Layout in part or whole in Government Poramboke land;

(iii) plot or Layout in Open Space Reservation (OSR) land, Park or Play-field reserved in any approved Layout or sub-division;

(iv) vacant plots blocking access to surrounding lands which do not have any other means of access;

(v) 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;

(vi) plot with any encroachment on to a public road or street or on any other land over which the applicant does not possess ownership right and lands attracted by the repealed 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);

(vii) 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;

(viii) plot or Layout in a part or whole, lying in the lands within the 500m from the boundaries of Reserve Forest and Wooded Lands or areas of Special Interest as may be declared by the Government, from time to time.

6. Conditions for regularisation of unapproved plots and Layouts.- The applications for regularisation of

unapproved Layouts and plots under these rules shall be considered on case by case basis, subject to production

of the following, namely:-

(i) NOc from the District Forest Officer for Individual plots and unsold plots in Layout up to 5 acres and No Objection certificate from Principal chief conservator of Forest(PccF) for unsold plots in Layout above 5 acres;

(ii) NOc from the Executive Engineer (Agriculture Engineering Department);

(iii) NOc from the Assistant Director or Deputy Director of Geology and Mining Department; and

(iv) NOc from the Revenue Divisional Officer

7. Compulsory application for regularization in Hill Areas.– (1) It shall be compulsory for all the individual plot owners and Layout promoters eligible under rule 4 to file an application on-line in FORM-I for regularization to the competent Authority concerned within six months from the date of commencement of these rules along with the fees and charges as per the self assessment made and annexed with the application. The competent Authority shall process the application and pass orders of regularization on-line:

Provided that the application for individual plot regularization in a Layout shall be considered for regularization only after in principle approval of the Layout framework is issued by the competent Authority. Accordingly, all the individual plot owners in an unapproved Layout shall apply for regularization of their plots along with a sketch of the Layout.

(2) Within 15 days from the date of notification of these rules, the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 shall call upon the competent Authority concerned specified in clause (i) of sub-rule(3) rule 2 to furnish a certified list of unapproved Layouts in the above Hill Areas 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

(3) Upon receipt of the list of unapproved Layouts in the above Hill areas, the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 shall suo-motu prepare and approve and give in-principle approval for the Layout framework as existing on ground, subject to modifications in respect of connectivity to the adjoining lands by employing the services of licensed surveyors/Architect/ Engineer for those Layouts which are covered in the list furnished by the competent Authority concerned specified in clause (i) of sub-rule (3) of rule 2.

(4) The Layout Promoter or Registered co-operative society or Association applying for regularization of the Layout in the above Hill areas shall be jointly and severally responsible for undertaking the rectification of deficiencies in such unapproved Layout and to comply with the conditions as directed by the competent Authority concerned, and pay the required fees and charges as prescribed in these rules to the competent Authority.

(5) Application for regularization of unapproved individual plot in a Layout or sub-division in the Hill areas shall be made to the competent Authority concerned as specified in clause (i) of sub-rule (3) of rule 2.

(6) Application for regularization of unapproved Layout in the above Hill areas shall be made to the competent Authority concerned as specified in clause (ii) of sub-rule (3) of rule 2.

(7) An application made by any person for regularization of plot or Layout in the above Hill areas who does not have any right over the land shall be summarily rejected.

(8) The application shall be accompanied by the following documents, namely:-

(a) for regularization of unapproved individual plot in a sub division or Layout in the Hill areas:

(i) Three copies of plan showing the site plan with dimensions of the plot or sub division as per the patta or Field Measurement Book (FMB) sketch, and the width of the access road duly signed by both the applicant who has the right over the land and the Licensed Surveyor or other professionals prescribed in the relevant Act or Building Rules;

(ii) A copy of Layout plan showing the plot proposed for regularization, dimensions of the plots, road network, width of the roads, dimensions of public open spaces and public purpose plots along with survey field numbers of the village covered by the Layout;

(iii) A copy of topo sketch showing the location of Layout and connectivity of the Layout to the public road and physical features surrounding the Layout;

(iv) A self attested copy of sale deed or title deed for the plot.

(v) A copy of patta, Permanent Land Record (PLR) or Town Survey Land Record (TSLR) extract in favour of the applicant shall be furnished. If the patta, Permanent Land Record (PLR) or Town Survey Land Record (TSLR) in favour of the applicant has not been obtained, then, the same in favour of the previous owner of the land shall be furnished;

(vi) Encumbrance certificate issued by the Registration Department covering the plot transaction issued not more than a week before the date of application;

(vii) In case of plot falling in agriculture land, a certificate or status report from the Tahsildar of the concerned Taluk that the Layout is not obstructing the waterways on the common field irrigation channels on the ground and flood level or inundation status.

(b) for regularization of unapproved Layout in the Hill areas:

(i) Five copies of Layout plan showing the dimensions of the plots, road network, width of the roads, dimensions of public open spaces, public purpose plots and the survey field numbers of the village covered by the Layout and marking the plots sold in the Layout before the commencement of these rules;

(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 meters from the Layout;

(iii) Encumbrance certificate (Ec) issued by the Registration Department covering all the survey field numbers of the Layout for the period from the date of commencement of sale of plot to the date not more than a week before the date of application;

(iv) A self attested tabular statement showing the details of the plots sold including plot number, dimensions and its extent, date of sale, document number, name of the purchaser tallying with the encumbrance certificate and the details of unsold plots in case where the application is made by the Layout promoter;

(v) Self attested copy of ownership document in favour of the owner of the land in which the Layout has been formed in case where the application is made by the Layout promoter;

(vi) Latest Patta, Permanent Land Records (PLR) or Town Survey Land Records (TSLR) and Field Measurement Book (FMB) sketches for the survey fields covered in the entire Layout;

(vii) Site Inspection Report and Recommendation of the Revenue Divisional Officer (RDO) or any officer authorized by the District collector concerned;

(viii) NOc from District Forest Officer or any officer authorized by the Principal chief conservator of Forests at the District level;

(ix) NOc from Executive Engineer (Agricultural Engineering Department) or any officer authorized by the chief Engineer (Agri Engg) at the District level;

(x) NOc from the Assistant or Deputy Director of Geology and Mining Department of the respective District; (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);

(d) In case of applications submitted by Layout Promoter or Society or Association, an undertaking in a non-judicial stamp paper of value not less than twenty rupees in FORM-III agreeing to undertake the rectification works as directed by the competent Authority and remit the development charges, regularization charges as applicable as assessed by the competent Authority. In suo-motu approval specified in sub-rule(3) of rule 7, the plots falling in spaces specified for rectification in the Layout by the competent authority will not be regularized to the extent of required rectification.

(e) Any other document such as legal opinion from the Government pleader or as may be required by the competent Authority;

8. An application under these rules shall be in conformity with the following, namely:-

(1) The civil Aviation Regulations of the Ministry of Tourism and civil Aviation under the Aircraft Act, 1934 (central Act XXII of 1934).

(2) The Ministry of Defence Regulations for developments in the vicinity of the Air Force Stations within 100 meters around the areas notified under the Works of Defence Act, 1903 (central Act VII of 1903).

(3) The coastal zone Regulations of the Ministry of Environment and Forest under the Environment (Protection) Act, 1986 (central Act 29 of 1986), notified in the Gazette of India Extraordinary, Part-II, Section 3, sub-section (ii), dated 6th January, 2011.

(4) Areas notified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (central Act 24 of 1958), and the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966).

(5) The Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993.

(6) Restrictions or Regulations or rules issued by central or State Government for monument zone, heritage towns or any other zone or area.

(7) Restrictions as stipulated in the provisions of the Acts related to the Forest Department in respect of the areas falling under prohibited areas, buffer zones, if any, lying immediately outside the boundary of the Wild life sanctuaries, Reserved Forests etc.;

(8) Private Forests notified under Tamil Nadu Preservation of Private Forest Act, 1949 (Tamil Nadu Act XXVII of 1949).

(9) Janmam Estate lands as per The Gudalur Janmam Estates (Abolition and conversion into Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969).

9. Guidelines for regularization in the above Hill areas.– The unapproved individual plot and the unapproved Layout seeking regularization in the above Hill areas should conform to the following, namely:-

(a) The individual plot in a Layout or sub-division seeking regularization in the Hill areas specified in rule 3 should have been sold or transferred in favour of the applicant by a registered sale deed executed before 20th October 2016.

(b) The unapproved Layout seeking regularization under the rules shall be a contiguous piece of land.

(c) Any plot for regularization shall abut a public street or gain access from a public street through a private street over which the applicant has the right to access.

(d) The Layout applied for regularization shall gain access from a public road of minimum width of 4.8 meters in case of corporations and Municipalities and 3.6 meters in case of Town Panchayats and Village Panchayats.

(e) In case of individual plot,-

(i) all plots in a Layout for which in – principle approval of Layout frame work is granted by the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 shall be eligible for regularization.

(ii) the individual plot in a sub division, shall be regularized irrespective of the building violation in the residuary plot.

(iii) the individual plot in a Layout shall be regularized only to the extent it tallies with the plot dimensions and abutting road width in the in-principle approved Layout frame work.

(iv) the applicant shall, if any part of a plot in an in-principle approved Layout framework is required for road widening or providing access to the surrounding areas, gift to the local body through a registered gift deed, as required by the competent Authority.

(v) the individual plot in a Layout or a sub-division that were already sold out shall be regularized with full exemption from the Open Space Reservation and the requirements of the Development control Regulations;

(f) In case of Layouts,-

(i) if atleast one plot has been sold out in an unapproved Layout, the internal roads of the Layout abutting such sold out plot shall be regularized on "as is where is" basis. Whereas, the internal roads of the Layout abutting unsold plots shall be made as per the requirements of the Development control Regulations;

(ii) the reservation of land for Open Space Reservation shall be provided by amalgamating or altering the unsold plots to an extent of not less than 10% of the total area of unsold plots. However, it would not be essential to provide 10% of the unsold plot area in a Layout in one contiguous stretch or in definite dimension. The Layout promoters shall transfer the spaces earmarked for roads and Open Space Reservation to the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 through a registered gift deed. Later the same shall be transferred to the competent Authority specified in clause(i) of sub-rule(3) of rule 2 every month through a registered gift deed.

(iii) 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 filed channel will be 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.

10. Effect of regularization–(1) Plots under earlier regularization schemes implemented by the Government shall be deemed to be regularized for residential usage irrespective of the land use zone in the development plans concerned. Further, the unapproved Layout or sub-divisions formed prior to 29.11.1972 in rural areas and prior to 01-01-1980 in urban areas within the jurisdiction of Directorate of Town and country Planning, shall be deemed to have been approved. The roads and Open Space Reservation area, if any, in such Layout shall be deemed to have been vested with the concerned local authority, (2) All the plots in unauthorized Layout/sub-divisions made from,-

(a) 29.11.1972 to 20.10.2016 in rural areas in Directorate of Town and country Planning jurisdiction; and (b) 01.01.1980 to 20.10.2016 in respect of urban areas in Directorate of Town and country Planning jurisdiction, shall be eligible for regularization under these rules;

11. Regularization Charge –(1) Regularization charge shall be assessed and levied separately for the plot or Layout for regularization under these rules at the rates given below:-

The regularization charge per square meter of the plot area shall be-

(i) Rs.150/- in city Municipal corporation area;

(ii) Rs.100/-in Municipal area and;

(iii) Rs.50/-in areas covered under Town Panchayats and Village Panchayats areas.

(2) The regularization charges levied and collected under this rule shall be remitted into the Government account and shall be earmarked for the purpose of developing infrastructure amenities in the local authorities.

12. Levy of Development Charge – (1) Development charge shall be collected for the regularization of plot or Layout or sub division under these rules at the rates given below:-

The Development charge per square meter of the plot area shall be,-

(a) Rs. 750/-in city Municipal corporation Area;

(b) Rs. 375/-in Special and Selection Grade Municipal Area;

(c) Rs. 225/- in Grade-I and Grade-II Municipal Area;

(d) Rs. 120/- in Town Panchayat Area; and

(e) Rs. 40/-in Village Panchayat Area.

(2) The development charges so collected by the local authorities shall be remitted to the separate account of the respective local authorities and shall be utilized for providing basic infrastructure facilities like roads, drinking water, storm water drains etc., for the particular Layout and shall be used to fund amenities and infrastructure development programs in the respective Layout area including meeting of the State share under the centrally sponsored schemes.

13. Scrutiny fees.– Scrutiny fee at the rate of Rs.500/- per plot shall be collected by the competent authority specified in clause (ii) of sub-rule (3) of rule 2.

14. Removal of doubt.- The Regularization charges and Development charges specified in these rules are inclusive of the normally leviable charges by the 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.

15. Processing of the application – (1) The competent Authority specified in clause (ii) of sub-rule (3) of rule 2 on receipt of application for regularization of Layout, shall carry out inspection, confirm the status of access road 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.

(2) In case of applications submitted to the competent Authority specified in clause (ii) of sub-rule (3) of rule 2, the rectification in the Layout directed by the competent Authority shall be completed to the satisfaction of the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 including handing over of Open Space Reservation, land and roads, if any, to the concerned local authority.

(3) If the Layout is in accordance with these rules, upon intimation received from the competent Authority specified in clause (i) of sub-rule (3) of rule 2 of the satisfactory rectification of the Layout and the handing over of Open Space Reservation, land and roads, the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 shall grant in principle approval to the Layout framework and forward a copy of the approved Layout framework to the competent Authority specified in clause (i) of sub-rule (3) of rule 2.

(4) On receipt of the in-principle approval of the Layout framework from the competent Authority specified in clause (ii) of sub-rule (3) of rule 2, the competent Authority specified in clause (i) of sub-rule (3) of rule 2 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 and Development charges.

(5) If the payment is made as per the demand notice, the competent Authority specified in clause (i) of sub-rule (3) of rule 2 shall issue regularization order for the plot along with a copy of plan showing the individual plot so regularized.

(6) (a) In case of Layout plans prepared suo-motu as per sub-rule (3) of 7, the competent Authority specified in clause (ii) of sub-rule (3) of rule 2 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 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 clause (ii) of sub-rule (3) of rule 2 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 clause (i) of sub-rule (3) of rule 2.

(c) On receipt of the in principle approved Layout framework and the details of charges to be collected, the competent Authority specified in clause (i) of sub-rule (3) of rule 2 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 clause (i) of sub-rule (3) of rule 2 shall undertake the improvement works on behalf of the Layout promoter or plot owners. The roads and Open Space Reservation shall be taken over suo-motu for maintenance under the appropriate provisions of the local bodies Acts and rules made thereunder.

(7) Regularization of unapproved Layout framework will not automatically regularize the individual plot in the Layout. The individual plot owner/promoter (in the case of unsold plots) shall, after regularization of the Layout framework, apply for regularization of his plot/plots separately.

(8) On receipt of the demand notice for payment of charges and fees, the applicant is liable to pay all the charges and fees to the competent Authority as per the demand notice within thirty days from the date of communication of the said demand notice. If the payment is not made within the time stipulated above, it shall attract interest at the rate of six per cent per annum. If the payment is made as per the demand notice, the competent authority specified in clause (ii) of sub-rule (3) of rule 2 shall issue regularization order along with a copy of plan showing the plot or plots regularized. The total amount paid by the applicant as per the demand shall be apportioned appropriately and transferred to the respective accounts by the competent Authority. If the said amount is not remitted within 90 days from the date of receipt of the said demand notice, the application shall be summarily rejected.

(9) In case of applications which are found to be not in accordance with these rules or in compliance with the directions issued by the competent Authority, orders shall be issued rejecting such applications.

(10) The competent Authority specified in clause (i) of sub-rule (3) of rule 2 shall forward the copy of the in-principle approved Layout framework along with the gift deed for the roads and the Open Space Reservation to the concerned Tahsildar for carrying out mutation in the revenue records especially in respect of Open Space Reservation and roads.

16. Consequences of non-regularization.– Where no regularization is ordered under these rules for an unapproved plot or Layout, then-

(a) no electricity, water supply, drainage and sewerage connections shall be extended to such unapproved plot or Layout;

(b) such unapproved plot or Layout shall not be registered under the Registration Act, 1908 (central Act IX of 1908) by the Registration Department; and

(c) No building approval shall be given by the authorities concerned for such unapproved plot or Layout.

17. Appeal.– (1) Any person aggrieved by an order passed by the competent Authority in Directorate of Town and country Planning jurisdiction may prefer an appeal to the Director of Town and country Planning within thirty days from the date of receipt of the order:

Provided that the Director of Town and country Planning 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 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 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.– Regularization of plot and Layout in identified Hill Area under these rules shall not be deemed to be a regularization of the building constructed in the plot and shall 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.- On and from the date of coming into force of these rules,-

(1) All applications and appeals in respect of Hill areas pending under the Tamil Nadu Regularisation of Unapproved Layout and Plots Rules, 2017 shall stand transferred to the competent Authority and to the Director of Town and country Planning, respectively, under these rules.

(2) In case where orders have been passed on the applications by the competent authority under the Tamil Nadu Regularisation of Unapproved Layout and Plots Rules, 2017, appeal shall lie to the Director of Town and country Planning under these rules.

(3) In cases where orders have been passed on appeal by the Director of Town and country Planning under the Tamil Nadu Regularisation of Unapproved Layout and Plots Rules, 2017, revision shall lie to the Government under these rules.

(4) In cases where orders have been passed on appeal by the Government under the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, review shall lie to the Government under these rules.

APPENDIX

ANNEXURE-I

Annexure II

APPENDIX

FORM I

Application for regularisation of plot and layout

[See rule 7 (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 Layouts and Plots Rules in Hill Areas, 2019. The details of the plot / layout proposed for regularization are furnished in the following table:

(Strike out whichever is not applicable)

I also forward herewith the following particulars:-

1) Demand draft or Banker's cheque from any Nationalised / Scheduled Bank or payment through NEFT/RTGS, towards scrutiny fee at the rate of Rs.500/- (Rupees five hundred only) per plot and Regularisation charges drawn in favour of the competent Authority, payable at the local branch of the Bank.

2) A self declaration in a non judicial stamp paper of value not less than twenty rupees, that the plot or layout 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 the Tamil Nadu Land Reforms (Fixation of ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961).

3) An undertaking in a non-judicial stamp paper of value not less than twenty rupees agreeing to undertake the rectification works as directed by the competent Authority and remit the development charges, regularisation charges and Open space reservation land charges as applicable and as assessed by the competent Authority.

(strike out whichever is not applicable)

I, …………… the plot holder / Layout promoter / registered co-operative Society / Association being the owner / legal representative of every part of the land to which the accompanying application relates request to accord regularization of plot / layout.

Date : Signature of the applicant.

Encl:

1) Self Assessment Working Sheet. 2) Declaration 3) Undertaking68 TAMIL NADU GOVERNMENT GAzETTE [Part III-Sec.1(a)

Self Assessment Working Sheet Calculation of Regularisation Charge, Development Charge and Scrutiny fees (fill up

form - II

format of Declaration

(See rule 7 (8) (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.

Date Name and signature of the applicant.

form - III

format of undertaking in Rs. 20/- non-judicial stamp paper

(for regularization of unapproved layout)

(See rule 7 (8) (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………………………………… WardNo …………….. Block No …………….………….. of …………………… Village …………………………… Taluk…………………….. District.

Hereby agree to undertake the rectification works as directed by the Competent Authority and remit the development charges, regularisation charges, Open space reservation charges and Scrutiny Fees as applicable and as assessed by the competent Authority

Date Name and Signature of the applicant.

RAJESH LAKHONI, Principal Secretary to Government. PRINTED AND PUBLISHED BY THE cOMMISSIONER OF STATIONERY AND PRINTING, cHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU