An ordinance aimed at controlling and regulating unauthorised developments throughout the State has been promulgated to amend the Town and Country Planning Act.
This was a logical conclusion of the process initiated with the formation of a committee, headed by former Supreme Court Judge S. Mohan, according to a senior official. A notification was issued on Monday (July 16).
Early June, while hearing a batch of writ petitions on illegal construction of buildings, the Madras High Court gave six weeks to the government to amend the law.
Constituted in June 2007 to review the Act, the Mohan Committee held 33 sittings before submitting its report in July 2010 to the government. It had suggested amendments for effective enforcement action and providing “limited solution” to the unauthorised developments made prior to July 1, 2007.
Through the ordinance, several sections of the Act have been amended, apart from the insertion of a section – 113 C. The amendment of the sections was essentially meant for revising the amounts of fine.
The new section seeks to give exemption to buildings developed on or before July 1, 2007 by collecting an amount not exceeding three times the guideline value of the land. It provides for prescribing different rates for different parts of the planning area. Through a revised Schedule to the Act, the government also revised the amounts of penalty for various offences.
An amount of Rs. 5,000 had been fixed for failure to apply for permission and get permission; it also confers power to require the removal of unauthorised development and stop unauthorised development.
A sum of Rs. 10,000 was fixed for three types of offences – erection of building or change in use of land without permission; failure to comply to pay development charges and obstruction to the exercise of the power of entry by the government servants while Rs. 7,500 was determined for failure to use and develop the land in conformity with the development plan.
