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Showing contexts for: periphery act in The Consumer Action Group & Anr vs State Of Tamil Nadu & Ors.!The Consumer ... on 18 August, 2000Matching Fragments
In order to appreciate the submissions and to adjudicate the issues involved, it is proper to scan through the periphery, scope and object of the aforesaid Act and the Rules. The preamble of the Act picturises that the Act is for the planning the development of use of rural and urban land in the State of Tamil Nadu and for the purposes connected therewith. Section 2(13) defines development to mean carrying out of all or any of the works contemplated in a regional plan, master plan, detailed development plan or a new town development plan prepared under this Act, which includes the carrying out of building, engineering, mining or other operations in, or over or under the land and also includes making of any material change in the use of any building or land. Sub-section 15 of Section 2 defines development plan to mean for the development or re- development or improvement of the area within the jurisdiction of a planning authority and includes a regional plan, master plan, detailed development plan and a new town development plan prepared under this Act. This Act consists of XIV Chapters containing 125 Sections. It provides for the creation of the Metropolitan Development Authority for the Metropolitan area. Under Chapter II-A, the Madras Metropolitan Development Authority (MMDA) was formed. The control and development plan of the Madras Metropolitan area is listed with MMDA. Chapter III deals with the planning authorities and its plan, Chapter IV deals with acquisition and disposal of land, Chapter V contains special provisions regarding new town development authority and Chapter VI refers to the control of development and use of land. This Chapter gives clear guidelines to the appropriate authorities under which it has to perform its statutory functions. Sub-section (2) of Section 49 gives guidelines to enable the appropriate planning authority to grant or refuse permission in respect of an application made under Section 49(1) by any person intending to carry out any development on any land or building. Thus, this Section empowers MMDA to revoke or modify any permission already granted. This also provides as to when such an application for modification could be made. This Act also provides for the constitution of a tribunal under Chapter IX and provisions under Chapter X for an appeal, revision or review. It is under Chapter XII, the impugned Section 113 is placed. This confers delegation of power on the State Government and delegation of power to the Director under Section 91 and to the appropriate planning authority under Section 91-A. It is true both these later Sections are hedged with restrictions contained therein. It is under this setting, when there is no check, or restrictions in Section 113 its vires is challenged. This contrast between Section 91 and 91-A with Section 113 is submitted, is indicative that the power with the Government is unguided and uncontrolled. In Chapter XIII, Section 122 empowers the Government to make rules to carry out the purposes of this Act. Section 123 obligates the Government to place its rules before the Legislature. Section 124 empowers the planning authority with the previous approval of the Government to make regulations prospectively or retrospectively not inconsistent with this Act and the Rules. Significantly sub-section (3) of Section 124 gives power to the Government to rescind any regulation made under this section through notification. Similarly, rule 3 guides and controls the authorities to exercise its powers within the limitations of each such zone. The said rules further guide the authorities to exercise its power within the limitation as tabulated specifying the requirements relating to floor space index, maximum height, minimum set-back, front set back, side set back, rear set back etc. For commercial zones further restrictions are in relation to the horsepower rating of electric motors and steps to be taken to regulate storage of explosives, to regulate effluents, smoke, gas or other items likely to cause danger or nuisance to public health. These rules sets out norms on which basis specific standards are to be worked out, keeping in mind the public interest, public health and their safety as well development of that area, to cater to the need of its citizens.