CHENNAI: Tamil Nadu will be borrowing the models of Karnataka, Maharashtra and Odisha while trying to give legal sanctity to transferrable development rights by bringing in amendment to Sections 36 and 37 of the Tamil Nadu Town and Country Planning Act by including in the provisions of Transferrable Development Rights (TDRs).
Initially, TDRs were governed under the provisions of development regulations wherein the land could be acquired for road widening and for any other projects approved by the government. Under this, the land owner will be provided development rights certificate by planning authorities which will be in incentives in terms of floor space index to the land owner and can be used in the same site or in different site or can sell to others. However, since this lacks legal backing, the TDR concept had been a failure in the state.
Taking a leaf from Karnataka and Maharashtra, where the Town and Country Planning Acts provide for adopting the concept of TDR for obtaining land required for public purpose and from Odisha where a separate rule has been notified, the TN Town and Country Planning Act, 1971 is being amended. So, the entire planning process will undergo change through the amendment. Under, the existing Act, development plan includes regional plan, master plan, new town development plan or detailed development plan.
Sources indicated that there will be an addition called area development plan under which the planning approach is undergoing a change that includes preparation of a land use plan along with reservation for planning permission and road circulations.
Sources said that under Section 36, any land required, reserved or designated in a regional plan, master plan, detailed development plan, new town development plan or area based development plan will be deemed to be land needed for a public purpose within the purview of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and may be acquired under the said Act.