Update on Regularisation of Unapproved Plots and Layouts-May 2018

Last Date Extended

The Tamilnadu Government has extended by 6 months, the last date for submission of Application for Regularisation of Unapproved Plots and Layouts, upto 3rd Nov 2018.(GO No.55 of 2018)

Background to the Ban on Registration of Unapproved Plots

It all started with a PIL, filed in the Madras High Court, which sought to curb indiscriminate conversion of agricultural land into residential plots, and the registration of unapproved plots. During the course of the hearing, High Court came to know that there were no Provisions of Acts/Rules/Regulations till then, allowing any wetland lying fallow for more than three years to automatically get converted into residential or into other uses. This means, this conversion of Wetlands into Layouts whether Approved or Not is blatantly illegal. Further more, The Town and Country Planning Act has not given any powers to the Panchayats to Approve Layouts.Most of the Unapproved Layouts were, in fact, ‘Approved’ by Panchayats. It was in this background, on 21.10.2016, The Madras High Court imposed the Ban on Registration of Unapproved Plots. This was to prod the Government to Frame Rules and Regulations to Regularise the Unapproved Plots and Layouts, and to prevent recurrence of such activities in future. 

Tamilnadu Government’s Response

The Tamilnadu Government took more than 6 months to Frame  the Rules and Regulations. It was on 4th May 2017, the Government came out with two GOs,that has paved the way for the Court to Lift the Ban. 1) Regularisation of Unapproved Plots and Layouts Rules, 2017 2)Rules for change of land use from Agriculture to non-agriculture

Compulsory Regularisation of Unapproved Plots and Layouts

Now, with the Rules in place, Regularisation of a Plot is compulsory for getting EB connection, Building Plan Approval, Water and Sewerage Connection etc., according to the Rules.Also, if the Plot is not Regularised, it can’t be Transferred through a Registered Sale Deed, as Registration of such plots will not be allowed, after the deadline.

Response from the Public and Subsequent Amendments

However, the Response to the Scheme from the public was lukewarm. It faced many criticism from stake holders. Officials on many occasions were not clear about how to proceed on this. In the light of this, the Government has by another GO sought to simplify certain issues. By this New GO 172 dated 13.10.2017

• Deadline was Extended to May 3, 2018
• Development Charges Reduced
• Open Space Reservation Charges Dropped
• All Layouts, irrespective of the number of Plots Sold, are eligible for Regularisation
• Old Layouts will be deemed as Regularised.

Also,the Layout Framework of an Unapproved Layout is to be suo-motto pre-approved by the Competent Authority, relieving the Applicant of this responsibility. Still, the response continues to be tepid, though, it seems there is a spurt in the number of Applications in the week preceding the deadline of May 3, 2018. Newspaper Reports suggest that the number of Unapproved Plots in Tamilnadu total 17.30 Lakhs. Of which, Applications for Regularisation received only in respect of 2Lakhs Plots. It’s in this background the Government has now extended the last date by another 6 months.

Process of Submitting the Application

The Process involves a few stages.

Registration Slip

First, the Applicant has to Register Online, and get a Registration Slip. For this, the Gov has set up a DEDICATED WEBSITE. After Logging in with a User Id and Password, and after completing an Online Form, and on Online Payment of a Scrutinising Fee of Rs.500, confirmation of Payment will be displayed, and a Registration Slip showing Registration No. etc, will be generated online.For Completing the  Online Form, a copy of the Topo Sektch prepared by the Licensed Surveyor is to be Uploaded. A Print out shall be taken of this Registration Slip, which will be required for all future communications.

Submission of Hard Copies and After

Then, all hard copies of Sale Deed, Patta, EC. .. will have to be submitted to the DTCP offices/Corpn Office. The Topo Sketch will have to be signed by both the Applicant as well as the Licensed Surveyor. It may be noted that the Services of a Licensed Surveyor is a must for submission of Application.Even at the online Registration stage, the Licensed Surveyor has to measure the Land and draw A Topographical Map/Sketch. This also has to be uploaded to the dedicated website, for getting the Registration Number/Slip. There may arise situation when the Topographical Map/Sketch is to be corrected and resubmitted. Also, Legal Queries on the documents submitted will have to be rectified. Obviously the services of an Advocate is also necessary. There are agencies now to help engage a Licensed Surveyor, engage an Advocate, and put up the Application before the Competent Authrity. Once all the documents are submitted, the official from DTCP/Corpn shall visit the site. Once this process is completed, the when the Notice for Payment of Development Charges and Regularisation Charges shall be issued. On payment of the amount, the Competent Authority shall issue the Regularisation Order. We understand, even for the around 2 Lakhs Applications Submitted, the Issuance of Regularisation Orders have not yet started.There is no explanation for this, so far.