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Section 3

The Tamil Nadu Laws (Special Provisions) Act, 2008State Act of Tamil Nadu · Act 56 of 2008

(1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Government shall within a period of one year from the date of commencement of this Act, take all possible measures, with due regard to environment, to finalise norms, policy guidelines and feasible strategies to deal with the problems of unauthorized developments with regard to the under mentioned categories, namely:—

(a) land use not conforming to, the Master Plan, detailed development plans or any Planning permission;

(b) construction in deviation from or beyond planning permission or building permit;

(c) development without any planning permission or building permit; and

(d) unauthorized occupation by, the hawkers and street vendors, in the public street and by the people in slum area, so that the developments of Chennai Metropolitan Planning Area take place in a sustainable and planned manner.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Government to finalise norms and policy guidelines, etc.

256 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgement, decree or order of any court, status quo as on the date of the commencement of this Act shall be maintained in respect of the categories of unauthorized development mentioned in sub-section (1).

(3) All notices issued by any local authority or any authority empowered under relevant law for initiating action against the categories of unauthorized development mentioned in sub-section (1) prior to 27th day of July 2007 shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year.

(4) Notwithstanding any other provision contained in this Act, the Government may, at any time, before the expiry of one year withdraw the concession given in sub-section

(2) or sub-section (3) as the case may be, by notification in the Tamil Nadu Government Gazette in respect of the categories of unauthorized development mentioned in sub-section (1).

4. During the period of operation of this Act, no relief shall be available under section 3 in respect of the following categories of unauthorized development, namely:—

(a) any unauthorized development started or continued on or after the 27th day of July 2007;

(b) commencement of any activity anywhere in the Chennai Metropolitan Planning Area in violation of the provisions of the Master Plan or any detailed development plan on or after the 27th day of July 2007;

(c) unauthorized occupation on public street except in those cases which are covered under clause (d) of sub-section (1) of section 3; and

(d) removal of people in slum area, hawkers and street vendors in accordance with policies of the Government, for clearance of land required for any public project.

5. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law made by the Legislature of the State for the time being in force.

6. The Government may, from time to time, issue such directions to any local authority or any authority under any relevant law as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of such local authority or authority to comply with such directions.

Where this provision sits

ActThe Tamil Nadu Laws (Special Provisions) Act, 2008
Section3
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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