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State of Tamilnadu - Section

Section 5 in Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017

5. Compulsory application for regularization.

(1)It shall be compulsory for all the individual plot owners and layout promoters eligible under rule 3 to file an application on-line in Form-I for regularisation to the Competent Authority concerned within six months from the date of commencement of these rules along with the fees and charges as per the self assessment made and annexed with the application. The Competent Authority shall process the application and pass orders of regularization on-line.Provided that the application for individual plot regularization in a layout shall be considered for regularization only after in principle approval of the layout framework is issued by the Competent Authority. Accordingly, all the individual plot owners in an unapproved layout shall apply for regularization of their plots along with a sketch of the layout.
(2)Application for regularization of unapproved layout can also be made by the Layout Promoter / Registered Co-operative society / Association of the plot holders in an unapproved layout where more than two-thirds of the total number of plots in the layout have been sold before the cut-off date.
(3)Within 15 days from the date of notification of these rules the Competent Authority specified in rule 2(2)(ii) shall call upon the Competent Authority specified in rule 2(2)(i) to furnish a certified list of unapproved layouts formed within its jurisdiction along with the details of name of the revenue village, survey numbers or ward numbers, town survey numbers, name of the local body, as the case may be covered by the layout and its extent.
(4)Upon receipt of the list of unapproved layouts, the Competent Authority specified in rule 2(2)(ii) shall suo-motu prepare and approve and give in-principle approval for the layout framework as existing on ground by employing the services of licensed surveyors for those layouts which are covered in the list furnished by the Competent Authority specified in rule 2(2)(i) but not applied for regularization by any of the layout Promoter/Registered Co-operative Society/Association of plot owners.
(5)The Layout Promoter/Registered Co-operative society/Association applying for regularization of the layout shall be jointly and severally responsible for undertaking the rectification of deficiencies in such unapproved layout and to comply with the conditions as directed by the Competent Authority concerned, and pay the required fees and charges as prescribed in these rules by the Competent Authority.
(6)Application for regularisation of unapproved individual plot in a layout or sub-division shall be made to the Competent Authority concerned as specified in rule 2(2)(i).
(7)Application for regularisation of unapproved layout shall be made to the Competent Authority concerned as specified in rule 2(2)(ii).
(8)An application made by any person for regularisation of plot or layout who does not have any right over the land shall be summarily rejected.
(9)The application shall be accompanied by the following documents, namely:-
(a)For regularisation of unapproved individual plot in a sub-division or layout:
(i)Three copies of plan showing the site plan with dimensions of the plot or sub division as per the patta or Field Measurement Book (FMB) sketch, and the width of the access road duly signed by both the applicant who has the right over the land and the Licensed Surveyor or other professionals prescribed in the relevant Act or Building Rules;
(ii)A copy of layout plan showing the plot proposed for regularization, dimensions of the plots, road network, width of the roads, dimensions of public open spaces and public purpose plots along with survey field numbers of the village covered by the layout;
(iii)A copy of topo sketch showing the location of layout and connectivity of the layout to the public road and physical features surrounding the layout;
(iv)A self attested copy of sale deed or title deed for the plot.
(v)A copy of patta, Permanent Land Record (PLR) or Town Survey Land Record (TSLR) extract in favour of the applicant shall be furnished. If the patta, Permanent Land Record (PLR) or Town Survey Land Record (TSLR) in favour of the applicant has not been obtained, then, the same in favour of the previous owner of the land shall be furnished;
(vi)Encumbrance certificate issued by the Registration Department covering the plot transaction issued not more than a week before the date of application;
(vii)In case of plot falling in agriculture land, a certificate or status report from the Tahsildar of the concerned Taluk that the layout is not obstructing the waterways on the common field irrigation channels on the ground and flood level or inundation status.
(b)For regularisation of unapproved layout:
(i)Five copies of layout plan showing the dimensions of the plots, road network, width of the roads, dimensions of public open spaces, public purpose plots and the survey field numbers of the village covered by the layout and marking the plots sold in the layout before the commencement of these rules;
(ii)A copy of the topo sketch plan showing the public access to the layout, width of the access road and the surrounding physical features within a radius of 500 metres from the layout;
(iii)Encumbrance Certificate (EC) issued by the Registration Department covering all the survey field numbers of the layout for the period from the date of commencement of sale of plot to the date not more than a week before the date of application;
(iv)A self attested tabular statement showing the details of the plots sold including plot number, dimensions and its extent, date of sale, document number, name of the purchaser tallying with the encumbrance certificate and the details of unsold plots in case where the application is made by the layout promoter;
(v)Self attested copy of ownership document in favour of the owner of the land in which the layout has been formed in case where the application is made by the layout promoter;
(vi)Latest Patta, Permanent Land Records (PLR) or Town Survey Land Records (TSLR) and Field Measurement Book (FMB) sketches for the survey fields covered in the entire layout;
(c)A self declaration in Form-II to the effect that the layout is not attracted under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) and the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961);
(d)In case of applications submitted by layout Promoter / Society / Association, an undertaking in a non-judicial stamp paper of value not less than twenty rupees in Form-III agreeing to undertake the rectification works as directed by the Competent Authority and remit the development charges, regularisation charges and Open space reservation charges as applicable as assessed by the Competent Authority; In suo-motu cases specified in rule 5(4), the plots falling in spaces specified for rectification in the layout by the competent authority will not be regularized to the extent of required rectification.
(e)Any other document as may be required by the Competent Authority;