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State of Tamilnadu - Section

Section 14 in Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017

14. Processing of the application.

(1)The Competent Authority specified in rule 2(2)(i) on receipt of application for regularization of a plot in a sub division, shall carry out inspection, confirm the status of access road, examine the application as per these rules, call for any additional details or particulars if necessary and decide on the regularization of the plot. The Competent Authority shall certify that the plot forms part of a sub division and not a layout before regularization of the plot. If the plot is found regularisable, a demand notice for payment of Regularisation Charges, Development Charges and Open space reservation Charges shall be issued. On receipt of the charges, the Competent Authority shall issue regularization order along with a copy of plan showing the plot regularized.
(2)The Competent Authority specified in rule 2(2)(i) shall process the application for regularization of the individual plot in a layout only after in principle approval of layout framework is granted by the Competent Authority specified in rule 2(2) (ii) for the layout.
(3)The Competent Authority specified in rule 2(2)(ii) shall on receipt of application for regularization of layout, shall carry out inspection, examine the application as per these rules, call for any additional details or particulars which are relevant to consider, if necessary and decide on the in-principle approval of layout framework.Provided that if the additional details or particulars called for by the Competent Authority are not furnished within sixty days from the date of receipt of the communication by the applicant, the application shall be rejected.
(4)In case of applications submitted to the Competent Authority specified in rule 2(2)(ii), the rectification in the layout directed by the Competent Authority shall be completed to the satisfaction of the Competent Authority specified in rule 2(2)(ii) including handing over of open space reservation land and roads, if any, to the concerned local authority.
(5)If the layout is in accordance with these rules, upon intimation received from the Competent Authority specified in rule 2(2)(i) of the satisfactory rectification of the layout and the handing over of Open space reservation land and roads the Competent Authority specified in rule 2(2)(ii) shall grant in principle approval to the layout framework and forward a copy of the thus approved layout framework to the Competent Authority specified in rule 2(2)(i).
(6)On receipt of the in-principle approval of the layout framework from the Competent Authority specified in rule 2(2)(ii), the Competent Authority specified in rule 2(2)(i) shall ensure that the individual plot applied for regularization tallies with the corresponding plot in the in-principle approved layout framework in respect of the plot dimensions and width of abutting road and issue demand notice for payment of Regularization Charges, Development Charges and Open Space Reservation charges.
(7)If the payment is made as per the demand notice, the Competent Authority specified in rule 2(2)(i) shall issue regularisation order for the plot along with a copy of plan showing the individual plot so regularised.
(8)
(a)In case of layout plans prepared suo-motu as given in rule 5(4), the Competent Authority specified in rule 2(2)(ii) shall examine the layout in accordance with the guidelines in rule 7 and propose necessary changes if any required and estimate the scrutiny fees, regularistion charges, development charges, OSR charges and the cost of improvement works for the entire layout. The charges and fees which shall be collected from each plot owner of the layout on pro-rata basis shall also be estimated.
(b)The Competent Authority specified in rule 2(2)(ii) shall incorporate the changes or rectification works in the layout plan and grant in-principle approval for layout frame work. The in-principle approved layout frame work plan and the charges and fees to be collected from each plot owner on pro-rata basis shall be forwarded to the Competent Authority specified in rule 2(2)(i).
(c)On receipt of the in principle approved layout framework and the details of charges to be collected, the Competent Authority specified in rule 2(2)(i) shall confirm the ownership right of the plot owner, collect the charges applicable for the plot and issue approved regularized plan for the plot. The Competent Authority specified in rule 2(2)(i) shall undertake the improvement works on behalf of the layout promoter or plot owners. The roads shall be taken over suo-motu for maintenance under the appropriate provisions of the local bodies Acts and rules made thereunder.
(9)Regularisation of unapproved layout framework will not automatically regularise the individual plot in the layout. The individual plot owner/promoter (in the case of unsold plots) shall, after regularization of the layout framework, apply for regularisation of his plot/plots separately.
(10)On receipt of the demand notice for payment of charges and fees, the applicant is liable to pay all the charges and fees to the Competent Authority as per the demand notice within thirty days from the date of communication of the said demand notice. If the payment is not made within the time stipulated above, it shall attract interest at the rate of six per cent per annum. If the said amount is not remitted within ninety days from the date of receipt of the said demand notice, the application shall be summarily rejected.
(11)In case of applications which are found to be not in accordance with these rules or in compliance with the directions issued by the Competent Authority, orders shall be issued rejecting such applications.
(12)The Competent Authority specified in rule 2(2)(i) shall forward the copy of the in-principle approved layout framework alongwith the gift deed for the roads and the Open space reservation to the concerned Tahsildar for carrying out mutation in the revenue records especially in respect of Open space reservation and roads.