TAMIL NADU

G. O. on sealing of unauthorised buildings

A. Srivathsan

“No injunction shall be granted by any court”

CHENNAI: The government gazette has notified that the Tamil Nadu Town and Country Planning (Amendment) Act, 2008, which confers powers on authorities to seal the premises of buildings, where unauthorised construction is not removed, came into force from December 10.

The amended Act was recently passed in the Legislative Assembly. As per the amended Act, when the appropriate authority issues notice to remove unauthorised construction and the owner has not removed it and not discontinued with the use of such land or building, then the land or building can be locked and sealed. The sealing of the premises can be done irrespective of whether the owner’s appeal against the notice either with the government or in the Court of law is settled or pending. In such cases the onus is on the owner or occupier of the building or land to provide security for the sealed premise.

Another important amendment to the section 101 of the principal Act — the Tamil Nadu Town and Country Planning Act 1971 — has made it clear that “no injunction shall be granted by any court” against notices issued by the appropriate authority to remove unauthorised construction and discontinue its use.

The amendment also provides the Government with special powers to modify, annul, reverse, remit for reconsideration any notice issued by the appropriate authority to seal the premises.

The government source said these are interim measures taken in consultation with the Justice Mohan Committee. This has been done because the comprehensive modification of the principal Act will take time and can be taken only after receiving the full and final report of the committee. These amendments are modelled on the Delhi’s experience of sealing unauthorised buildings.

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