CHENNAI: Tamil Nadu Housing Department has mandated a lock and seal register to record inspections and notices issued on unauthorised developments across the state.
The register will be presented to the head or chief executive officer of the authority or local body once every three weeks, according to the guidelines issued to streamline enforcement action on unauthorised development under Sections 56, 57 and 80 (A) of Tamil Nadu Town and Country Planning Act.
The guidelines, which were formulated last month, come after the government framed Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules 2022 in November last year. The common rules apply to all local bodies, planning authorities, Chennai Metropolitan Development Authority and Greater Chennai Corporation, which was lacking earlier. It also fixes the responsibility of officials for failing to initiate action against unauthorised developments.
The guidelines also put an end to the issue of notice by enforcement agencies calling for an approved plan as it is not contemplated under the Town and Country Planning Act 1971. Now the authority concerned should confirm from its database whether any approval has been issued. In case the database does not indicate approval, then an opportunity will be given to the building owner to produce records including the approved plan within three days.
Following the receipt of records, an inspection must be carried out. The inspection officer shall give not less than seven days and inspect the building in the presence of the owner within 15 days. The officer will then prepare a report and conclude on the appropriate sections of the Town and Country Planning Act to be invoked.
If the building or development has already been carried out without obtaining planning permission or after the planning permission has been revoked, the owner will be given 30 days to restore the land to its condition before the development. Similarly, if the unauthorised building is completed or carried out in contravention of the approved plan then the owner will be given 30 days to restore the building as per the approved plan.
Similarly, stop-work notice will be given if construction is being carried out without obtaining an approved plan. A lock and seal order will be given if the owner or occupier has not rectified the building as per the approved plan or has not obtained the planning permission. The time given will be closely monitored and action will be initiated against any erring officials, the guideline said.