Abstract 

The Tamil Nadu Town and Country Planning Act, 1971 - Amendment issued for exemption in respect of development of certain lands or buildings by collection of  "Regularization Fee" - Extension of the period of the Scheme - Amendment to the Application, Assessment and Collection of Regularization Fee (Chennai Metropolitan Area) Rules, 1999 framed under sub-section (2) of Section 122 of the Act - Approved - Orders - issued.

 Housing and Urban Development (UD I) Department. 

G.O. Ms. No. 121
Dated : 24.04.2002.

Read: 

1.     G.O. Ms. No.76    HUD   dated 27.02.1999.
2.     G.O. Ms. No.400  HUD   dated 29.09.2000.
3.     G.O. Ms. No.369  HUD   dated 31.08.2001.
4.     G.O. Ms. No. 480 HUD   dated 05.12.2001

Read also:

5.    The Tamil Nadu  Town and Country Planning (Amendment) Act 2002
(Tamilnadu Act 7 of 2002)

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 ORDER:

Consequent on the enactment of Tamil Nadu Town and Country Planning (Amendment) Act 2002 fifth read above the appended Notification will be published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th April 2002 and it will come into effect retrospectively with effect from 01.03.1999.

( By order of the Governor)

 A.     NAGARAJAN,
SECRETARY TO GOVERNMENT.

To

The Works Manager, Government Central Press, Chennai - 600 079.
(for publication of the Notification in the Tamilnadu Government Extraordinary Gazette)
The Vice-Chairman, Chennai Metropolitan Development Authority, Chennai -8
The Member Secretary, Chennai Metropolitan Development Authority, Chennai-8
The Special Commissioner of Town and Country Planning, Chennai - 600 002.
The Commissioner, Corporation of Chennai, Chennai - 600 003.

Copy to:         

The Law Department, Secretariat, Chennai - 600 009.
The Chief Minister's Office, Chennai-600 009.
Senior P.A., to  Minister (Housing and Urban Development)
SF/SCs

/Forwarded / By order/

SECTION OFFICER.

 APPENDIX.

NOTIFICATION.

In exercise of the powers conferred by clause (cc) of sub-section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby makes the following amendments to the Application, Assessment and Collection of Regularization Fee (Chennai Metropolitan Area) Rules, 1999:- 

AMENDMENTS

          In the said Rules, -

(1)      in rule 3,-

(a)      in sub-rule  (1), in clause (a),-

(i)       for the expression “31^st October 2001", the expression “31^st  March 2002" shall be substituted;

(ii)      in the Explanation for the expression “31^st October 2001", the expression “31^st March 2002" shall be substituted;

 (2)     in rule 5, in sub-rule (1), for sub-clause (b), the following sub-clause shall be substituted, namely:-

“(b)    In cases of deviated developments already approved part of the existing development shall not be liable for levy of regularisation fee, provided the usage (residential, commercial, institutional or industrial) approved in the plan remains same and is permissible at the site. However, if there is increase in number of dwellings within already approved part of the building and it violates road width requirement, then the road width violation fee is leviable. Any unauthorised addition in second floor to an ordinary building approved more than five years ago and total dwelling units in that building do not exceed four numbers, it shall be treated as an ordinary building for the purpose of these rules. Further, any variation in respect of head room height of the floor approved for parking shall not be construed as deviation to earlier approved plan, provided its height is not exceeding 2.2mts. below the bottom of beam to the lower floor.". 

(3) in rule 6,- 

(i)   in sub-rule (1), under the heading "Category A(i): Plot in an unauthorised sub-division or layout or plot extent or plot frontage violation," in  condition (c), for the expression "31^st October 2001", the expression "31^st  March 2002" shall be substituted;

 (ii) in sub-rule(3),-

(a)   in clause (a) (i), the word “relatable” shall be omitted; 

(b)   in sub-clause (b) (i),  the words “ relatable  to the said approved plan “ and " relatable to the earlier approved plan " shall be omitted; 

(4)     in rule 7, in sub-rule (3), for the expression "1^st January 2002", the expression "1^st July 2002" shall be substituted; 

(5)     in rule 12, in sub-rule (2), for the expression “ the 5^th December 2001”, the expression “ 24^th April 2002”  shall be substituted.

 (6)     for the Tables, the following Tables shall be substituted, namely.-

“ TABLE - A ( i ) 

( see rule 6 (1) 

CATEGORY -A (i) REGULARISATION FEE - RATE IN RUPEES PER SQUARE METRE OF PLOT EXTENT FOR PLOTS,  WHICH ARE UNAUTHORISED SUB-DIVISIONS OR IN UNUTHORISED L­AYOUTS OR INADEQUATE IN PLOT EXTENT OR INADEQUATE PLOT FRONTAGE. 

Note: These rates shall apply irrespective of whether the plot is vacant or constructed partly or fully. ;

TABLE - A (ii) 

( see rule 6 (1) 

CATEGORY -A (ii) REGULARISATION FEE - RATE IN RUPEES PER SQUARE METRE OF FLOOR AREA FOR LAND USE VIOLATION. 

TABLE - A (iii) 

( see rule 6 (1)

CATEGOREY-A (iii) REGULARISATION FEE - RATE IN RUPEES PER SQUARE METRE OF FLOOR AREA FOR ABUTTING ROAD WIDTH VIOLATION. 

TABLE-B 

( see rule 6(1) 

CATEGORY- B :  REGULARISATION FEE - RATE IN RUPEES PER SQUARE METRE FOR THE BUILT UP AREA CONSTRUCTED IN VIOLATION OF THE MAXIMUM FLOOR SPACE INDEX PRESCRIBED IN DEVELOPMENT CONTROL RULES  AND  COVERED CAR PARKING SPACE CONVERTED  INTO ANY OTHER USE.