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State of Tamilnadu - Section

Section 3 in Tamil Nadu Panchayats Building Rules, 1997

3. Application for approval of lay-out of sites.

(1)No owner or other persons shall lay-out a street, lane, [passage or pathway or open spaces, like park, play fields, children play space] [Substituted by G.O. Ms. No. 57, R D (C2), dated the 3rd May 2005.] or sub-divide or utilise the land or any portion or portions of the same on the site or sites for building purposes until a lay-out plan, has been approved by the Executive Authority who shall get prior concurrence of the Director of Town and Country Planning or his authorised Joint Director or Deputy Director of Town and Country Planning for such approval. In cases of layout abutting National Highways, State Highways and By-Pass Roads thereof, the concurrence of the Divisional Engineer (Highways and Rural Works) under whom the control of the road is vested, shall also be obtained by the Executive Authority. The application for approval of such lay-out plan or sub-division shall be submitted to the Executive Authority in the form specified in Appendix-A with such variation as circumstances may require.
(2)The application shall be accompanied by a lay-out plan or plans (in triplicate) of the land to be laid out into house-sites, as far as may be, necessary.
(3)The application for lay-out approval shall be accompanied by an up-to-date encumbrance certificate of the land specifying ownership and also the authenticated survey sketch. It shall be entertained only from the owner of the land or from any other person who possesses the power of attorney duly registered.
(4)[ The owner of the land to be laid out exceeding 2,500 square metres shall transfer the land required for such streets, lanes, passages, common construction, pathways and other open spaces reserved for public purposes like parks, play fields, children play space in favour of the Executive Authority by a registered gift deed, before the grant of approval by the Executive Authority, on demand by Executive Authority.] [Substituted by G.O. Ms. No. 57, R D (C2), dated the 3rd May 2005.]
(5)Every street, land, passage and pathway shall be demarcated, formed and constructed including paving, metalling, flagging, channelling, sewering, draining, conserving and lighting by the owner of the land in accordance with the provision of the lay-out for the proper development of the area ensuring safety and convenience of the public and all expenses incurred thereof shall be paid by the owner of the land at his expenses, while submitting the application required under sub-rule (1).
(6)The owner of the land to be laid out shall not proceed to sub-divide or utilise the site or sites intended for building purposes unless he has complied with the requirements of sub-rules (1), (2), (3), (4) and (5).
(7)The Executive Authority may require the applicant to furnish any information which has not already been furnished or to satisfy him that there are no objections which may lawfully be taken to the grant of approval.
(8)If any information required under sub-rule (7) is, in the opinion of the Executive Authority, incomplete or defective, he may require further information to be furnished.
(9)If any requisition made under sub-rule (7) or (8) is not complied with within one month, the application shall be rejected.
(10)The Executive Authority may, as soon as may be, after sixty days from the date of receipt of the application -
(a)grant the approval applied for either absolutely or subject to such conditions as he thinks fit to impose; or
(b)refuse approval if he is of opinion that such work is contrary to the conditions specified under the approved plan:
[Provided that the Executive Authority shall grant the approval applied for only after the land required for the specified public purposes are transferred in favour of the Executive Authority by a registered gift deed by the owner of the land.] [Added by G.O. Ms. No. 57, RD (C2), dated the 3rd May 2005.]
(11)No site or any new lay-out of site lying within a distance of thirty metres from the railway boundary shall be used as a site for the construction of a building or to a hut shall have masonry construction.