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

Housing and Urban Development (UD I) Department.

G.O. Ms. No.400                                                                                                                         Dated 29 .09.2000.

Read:

1. G.O. Ms. No.76 Housing and Urban Development dt.27.02.1999.

Read also:

2. From the Vice-Chairman, Chennai Metropolitan Development Authority,

Letter No.MEC1/3355/96 dated 12.9.2000 and 25.9.2000.

---

ORDER:

The appended Notification will be published in Tamil Nadu Government Gazette extraordinary, dated the 29^th September, 2000.

(By order of the Governor)

AJAY BHATTACHARYA,

SECRETARY TO GOVERNMENT.

To

The Works Manager, Government Central Press, Chennai - 600 079.

(for publication of the notification in the Tamil Nadu Government Gazette)

The Vice-Chairman, Chennai Metropolitan Development Authority, Chennai - 600 008.

The Member Secretary, Chennai Metropolitan Development Authority, Chennai-600 008.

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.

//Forwarded/By Order//

Section Officer.

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 Regularisation Fee (Chennai Metropolitan Area) Rules, 1999.

AMENDMENTS

In the said Rules, -

(1) in rule 2, -

(a) in clause (b), the expression "excluding the plots in approved layouts" shall be added at the end;

(b) after clause (i), the following clause shall be inserted, namely:-

"(ii) "lay-out" means division of land into plots exceeding eight in numbers;";

(c) after clause (k), the following clause shall be inserted, namely"-

"(kk) "ordinary building" means a residential or commercial building which does not fall within the definition of Special building, Group development or multi-storeyed building;";

(d) after clause (p), the following clause shall be inserted, namely:-

"(pp) "sub-division" means division of land into plots not exceeding eight in numbers;";

(e) after clause (q), the following clause shall be added, namely:-

"(r) other terms used in these rules unless the context otherwise requires, shall have the meaning as defined in section 2 of the Act and in the Development Control Rules".

(2) for rule 3, the following rule shall be substituted, namely:-

"3. Application:- (1) (a) Application for regularisation shall be made for any unauthorised or deviated development completed on or before the 31^st August 2000.

Explanation. - For the purpose of these rules, when the outer walls and roof in respect of any building are constructed but the inside of such building is not completed on or before the 31^st August, 2000, such building shall be treated as a completed building.

(b) In respect of a partly completed building application shall be made for regularisation in respect of that part of the building which has been completed.

(2) The application shall be accompanied by the following:-

1. Application Form A or Form B, as the case may be prescribed in the Development Control Rules;
2. Five copies of plans showing the construction as per site conditions including its usage, duly signed by the applicant and a Licensed Surveyor or a Chartered Civil Engineer or a Civil Engineer who is a member of the Institution of Engineers (India) or a qualified Architect who is a member of the Council of Architects;
3. A copy of ownership document duly attested by a Notary Public;
4. If there is an earlier approval for existing developments within the plot, a copy of the approved plan, duly attested by a Licensed Surveyor or a Chartered Civil Engineer or Civil Engineer who is a member of the Institution of Engineers (India) or a qualified Architect who is a member of the Council of Architects;
5. (i)A copy of Patta with FMB sketch or PLR extract duly attested by

a Revenue Official or a Notary Public.

1. Where there is an earlier approved plan, if the site boundaries shown in the plan applied for match with the approved plan, then item (i) will not apply.
2. In cases of applications for ordinary buildings, item (i) will not apply.

1. Demand Draft or Banker's Cheque from any Nationalised Bank in Chennai Metropolitan Area towards scrutiny fee at the rate of Rs.1.50 per square metre for total floor area of buildings within the site or seventy five paise per ten square metres of total plot area in case of vacant plots drawn in favour of the Member Secretary, Chennai Metropolitan Development Authority;
2. Declaration of the violated plot or floor area category-wise and self-assessment of the regularisation fee payable with detailed working sheets duly signed by both the applicant and a Licensed Surveyor or Chartered Civil Engineer or a Civil Engineer who is a member of the Institution of Engineers (India) or a qualified Architect who is a member of the council of Architects.
3. Demand Draft or Banker's Cheque from any Nationalised Bank in Chennai Metropolitan Area for the sum worked out in clause (g) as payment in advance towards self-assessed regularisation fee drawn in favour of the Member Secretary, Chennai Metropolitan Development Authority. Such payment in advance shall be adjusted against the regularisation fee eventually assessed by the competent authority and other fees or charges leviable for issue of planning permission;
4. A Notarized Undertaking in a non-judicial stamp paper of value not less than Rs.10/- agreeing to remit the balance regularisation fee, if any, as assessed by the competent authority after adjusting the advance payment made, and also all other fees and charges normally leviable for planning permission from time to time, by the competent authority;
5. in the case of flatted developments, application from individual flat owners shall not be admitted. For such developments, the application shall be made jointly from a majority (i.e. above 50%) of flat owners in the plot or their association authorised by the resolution to do so, paying self-assessed regularisation fee for the total violated area within the site and furnishing an undertaking to pay the balance regularisation fee and also all other fees and charges normally leviable for planning permission, from time to time, by the competent authority for the whole building, within the plot.

(3) Any application made by any person for regularisation who does not have any right over the land or building shall be summarily rejected.

(4) No building with any encroachment including aerial encroachment on to a public road or street or on a Government poramboke land shall be regularised.";

2. for rule 5, the following rule shall be substituted, namely:-

"5. Regularisation fee for unauthorised or deviated development.

(1) The unauthorised or deviated development shall be considered in its entirety for its classification as per Development Control Rules such as ordinary building, special building or multi-storeyed building.

1. Where the unauthorised or deviated development is not in conformity with Development Control Rules, regularisation fee shall be levied for the unauthorised or deviated plot or floor areas which are not in conformity with Development Control Rules as prescribed in rule 6.
2. In cases of deviated developments, already approved part of the existing development shall not be liable for levy of regularisation fee, only if it is substantially relatable to the earlier approved plan geometrically in shape, size and in usage including number of dwellings. If not relatable, that portion shall also be treated as unauthorised, and regularisation fee assessed accordingly.

1. When any development or construction is made without prior approval or in excess of earlier approval, but the whole development is in conformity with the Development Control Rules, in such case, only development charges and other charges normally leviable at current rates are leviable and collectable. In that case, any previous fees or charges remitted shall be duly adjusted or substracted, on proof of remittance.";

2. for rule 6, the following rule shall be substituted, namely:-

"6. Categorisation for levy of regularisation fee:-

(1) The deviations or violations with reference to the Development Control Rules shall be categorised for the purpose of assessing the regularisation fee as follows and the regularisation fee shall be levied as specified in the respective Tables:-

Irrespective of whether any plot/land is vacant, partially or fully built, if, there is violation in terms of unauthorised sub-division or lay-out, or plot extent or frontage, the plot or land alone shall first be considered for regularisation as one category and regularisation fee shall be assessed as specified in Table A(i) subject to the following conditions:-

1. In case of a plot in an unauthorised layout, the plot shall abut a road of width not less than 4.8 metres and the unauthorised layout roads shall be connected to a public road or street maintained by the local body evidenced by their resolution.
2. In case of plot in an unauthorised sub-division, the plot shall abut on a public road or street or gain access through an exclusive or a common passage of width not less than one metre and connected to a public road or street maintained by the local body evidenced by their resolution.
3. No part or whole of any unauthorised layout as such is regularisable. Only individual plot shall be considered for regularisation, provided it has been divided and registered on or before the 31^st August 2000.

Category A(ii): Land use violation:

Floor area constructed in violation of Development Control Rules by virtue of its being in,-

1. Non-conforming usage to land use zoning regulations;
2. Areas not designated for multi-storeyed buildings;
3. Banned areas; and
4. Street alignment,

shall be assessed for levy of regularisation fee, as specified in Table A(ii);

Provided that regularisation of a building of a particular use under these rules shall not mean that the site is deemed to have been reclassified to that conforming use zone of Master Plan or Detailed Development Plan:

Provided further that for making any additional development fresh application has to be made for reclassification of the site into a conforming use zone and site got reclassified following due process and on its merits.

Category A(iii) Road width/passage width violation:

Where a building has been constructed on a plot abutting a road width not conforming to the minimum requirement of Development Control Rules, the part of the floor area upto prescribed maximum F.S.I. as per Development Control Rules shall be assessed for levy of regularisation fee under this category as specified in Table A(iii).

Category B: Floor Space Index (FSI) violation:

For excess built up area constructed in violation of maximum Floor Space Index prescribed in Development Control Rules; and the covered parking space converted into any other use, regularisation fee shall be assessed as specified in Table B.

Category C- Setback violation:

For built up area in violation of set back requirements prescribed in Development Control Rules not amounting to excess built up area covered in Category-B, regularisation fee shall be assessed as specified in Table C.

Category D - Parking violation:

For parking violation not amounting to Categories B and C, regularisation fee shall be assessed as specified in Table D.

(2) If there is more than one category of violation, the regularisation fee shall be leviable for each category and shall be cumulative of the amounts assessed for violations of Category A(i), Category A(ii), Category A(iii), Category B, Category C and Category D."

2. in rule 7, -

1. in sub-rule (1), the expression "after adjusting the advanced amount" shall be added at the end;
2. in sub-rule (2), for the expression "the deposit made under clause (b) of sub-rule (3) of rule 3 above", the expression " the advance made under clause (h) of sub-rule (2) of rule 3", shall be substituted;
3. after sub-rule (2), the following sub-rule shall be added, namely:-

"(3) In cases where the self-assessed regularisation fee amount paid as advance is less than seventy five percent of the amount assessed by the competent authority, then the balance regularisation fee payable shall attract an interest at the rate of eighteen per cent per annum from the date of filing of application with the advance.";

(6) to rule 8, the following proviso shall be added, namely:-

"Provided that no appeal shall be entertained unless it is accompanied by satisfactory proof of the payment of the self-assessed regularisation fee advance.";

(7) after rule 11, the following rule shall be added, namely:-

"12. Transitory provisions. -- (1) (a) All the applications for regularisation under these rules pending before the competent authority shall be disposed of in accordance with the rate of regularisation fee as revised under these rules.

(b) All appeals pending before the Government shall be remitted to the competent authority and the competent authority shall dispose of the cases in accordance with the rate of regularisation fee as revised under these rules;

Provided that the disposal under this sub-rule shall be effected on payment of self-assessed regularisation fee advance, along with the working sheet.

(2) Any person whose application was rejected or refused under these rules immediately before the 29^th September, 2000 may make an application afresh satisfying the provisions of these rules as amended.";

8. for the Tables, the following Tables shall be substituted, namely:-

TABLE - A (i)

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

TABLE - A (ii)

TABLE - A (iii)

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) )

INTO ANY OTHER USE.

TABLE-D

Explanatory Note:

(a) The area required for one car parking space : 25 Square metre

AJAY BHATTACHARYA,