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State of Tamilnadu - Section

Section 7 in Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017

7. Guidelines for regularization.

- The unapproved individual plot and the unapproved layout seeking regularization should conform to the following, namely:-
(a)The individual plot in a layout or sub-division seeking regularisation should have been sold or transferred in favour of the applicant by a registered sale deed executed before the date of coming into force of these rules.
(b)The unapproved layout seeking regularization shall be a contiguous piece of land.
(c)Any plot for regularisation shall abut a public road or gain access from a public road through a passage over which the applicant has the right to access.
(d)The layout applied for regularisation shall gain access from a public road of minimum width of 4.8 metre in case of Corporations and Municipalities and 3.6 metre in case of Town Panchayats and Village Panchayats.
(e)In case of individual plot :
(i)All plots in a layout for which in-principle approval of layout frame work is granted by the Competent Authority specified in rule 2(2)(ii) under these rules shall be eligible for regularization.
(ii)The individual plot in a sub division, shall be regularized irrespective of the building violations in the residuary plot.
(iii)The individual plot in a layout shall be regularized only to the extent it tallies with the plot dimensions and abutting road width in the in-principle approved layout framework.
(iv)The applicant shall to the extent any part of a plot in an in principle approved layout framework is required for road widening or providing access to the surrounding areas shall be gifted to the local body through a registered gift deed as required by the Competent Authority.
(f)In case of layouts where less than one-third of the total number of plots in the layout have been sold before the cut off date:
(i)The layout shall conform to the Development Regulations or Development Control Regulations, as the case may be, and the land use prescribed in the Master Plan except the width of the access road and conversion to other purpose from Agriculture usage in non-planned area.
(ii)The procedures normally followed in the regular applications for approval of layout shall apply.
(g)In case of layouts where one-third and above and upto two-third of the total number of plots in the layout have been sold:
(i)The layout shall conform to the Development Regulations or Development Control Regulations, as the case may be, to the extent feasible and shall be eligible for exemptions in respect of road width, land usage, etc., to the extent conformity is not feasible.
(ii)The layout pattern in respect of the unsold portions may be reorganised if required to improve the circulation.
(iii)The reservation of land for Open space reservation and public amenities shall be provided by amalgamating or altering the unsold plots. Only in cases where it is not feasible to reserve the land for Open space reservation, equivalent guideline value shall be collected for the shortage area.
(iv)In layouts where a portion or whole of the layout is formed in agricultural lands in areas other than planning areas, the Competent Authority shall examine whether any common irrigation field channel has been obstructed or encroached or removed due to the formation of layout and also the level of inundation to decide on the in principle approval of the layout framework.
(v)In case of layouts still possessing some unsold plots under layout regularization scheme, the promoter shall hand over minimum space in the layout to provide common amenities e.g., Over head water tank, Electricity transformer etc., as required by the Local Planning Authority.
(h)In case of layouts where more than two-third of the total number of plots have been sold before the cut-off date:
(i)The layout shall be regularised 'as is where is' condition except for the restrictions in rule 4.
(ii)The reservation of land for Open space reservation shall be provided if feasible by amalgamating or altering the unsold plots. In such cases either the promoter or all the plot owner shall give No Objection Certificate for such modification or reservation. Only in cases where it is not feasible to reserve the land, equivalent guideline value in lieu of Open space reservation shall be collected for the shortage area.
(iii)In layouts where a portion or whole of the layout is formed in agricultural lands in areas other than planning areas, the Competent Authority shall examine whether any common irrigation field channel has been obstructed or encroached or removed due to the formation of layout and also the level of inundation and to decide on the in principle approval of the layout framework.
(iv)In case of layouts still possessing some unsold plots under layout regularization scheme, the promoter shall hand over minimum space in the layout to provide common amenities e.g., Over head water tank, Electricity transformer etc., as required by the Local Planning Authority.