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State of Tamilnadu - Section

Section 8 in Tamil Nadu Panchayats (Acquisition and Transfer of Immovable Property) Rules, 2000

8. Lease of road sides and street margins.

(1)Leases of road sides and street margins vested in a panchayat shall be subject to the following certificates and control: -
(i)Every panchayat shall require that every application for a lease shall furnish information as to the use to which the land will be put and the period for which a lease is required. If any structure is proposed to be constructed thereon, information as to the materials to be used in the construction shall also be furnished.
(ii)The lease may be granted by the panchayat if the structure is to be constructed of temporary materials such as palmyrah or coconut leaves, bamboo or other matting or gunny cloth or other similar materials or which are of such a nature as to be movable daily, and if the period of lease does not exceed twelve months. A fee shall be levied and collected in advance for every lease.
(iii)No lease for a structure made of materials other than those mentioned in item (ii) or for a period exceeding twelve months, shall be granted by a panchayat except with the previous approval of the Collector who, in granting approval, may lay down such conditions as he may consider necessary subject to which the lease may be granted by the panchayat. The panchayat shall embody such conditions in the lease before it is granted. It must be expressly provided in every case that amount of the lease shall be paid to the panchayat in advance so long as the lease is in force and that in default of payment of such amount, the lease is liable to be cancelled.
(iv)No lease shall be granted ordinarily for a period exceeding three years at a time. The approval of the Collector shall not be necessary for a renewal of a lease granted under this rule.
(v)Every lease under item (ii) or (iii) shall expressly provide that the lease is liable to be terminated at any time within the period of the lease without payment of compensation to the lessee if, in the opinion of the panchayat or of the Collector, it is necessary in the public interest to remove any structure erected on the land.
(vi)No road margin shall be leased out for cultivation.
(2)The lease-deed shall be in Form III(b) in Schedule III with such variations as circumstances may require.