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Section 3: Application

Tamil Nadu Municipal Corporations (Regularisation Of Unauthorised or Deviated Development and Construction of Building) Rules, 2002State Rules of Tamil Nadu · 1971

(1) (a) Application for regularisation shall be made on or before the '[31st December, 2002] for any unauthorised or deviated development or construction of building completed during the period mentioned below for the respective Corporation:-

(i) Madurai Corporation .. 1-5-1971 to 31-3-2002

(ii) Coimbatore Corporation .. 1-1-1980 to 31-3-2002

(iii) Tiruchirappalli Corporation .. 1-1-1980 to 31-3-2002

(iv) Salem Corporation .. 1-1-1980 to 31-3-2002

(v) Tirunelveli Corporation .. 1-1-1980 to 31-3-2002

Explanation:- For the purpose of these rues, when the outer walls and roof in respect of any building are constructed but the inside of such building is not completed on or before the 31st March, 2002, such building shall be treated as a completed building.

(b) In respect of a partly completed building application shall be made for regularisation in respect of that part of the building which has been completed.

(2) The application shall be accompanied by the following:-

(a) Application Form as appended to these rules;

(b) Four copies of plans showing the construction as per site conditions including its usage, duly signed by the applicant and a licensed Surveyor or a Chartered Civil Engineer or a Civil Engineer who is a member of the Institution of Engineers (India) or a qualified Architect who is a member of the Council of Architects with conclusive proof to establish that the construction was completed before the 31st March, 2002.

(c) A copy of ownership document duly attested by a "A" or "B" Group Officer of the State Government.

(d) If there is an earlier approval for existing developments within the plot, a copy of the approved plan, duly attested by a Licensed Surveyor.

(e) A copy of patta with Field Measurement Book (FMB) sketch or Permanent land Register (PLR) Extract duly attested by an officer of the Revenue Department not lower in rank of the Deputy Tahsildar or a Notary in the case of unapproved developments;

(f) Demand Draft or Banker's cheque from any Nationalised Bank towards scrutiny fee a the rate of Re 1.00 per square metre for total floor area of buildings within the site or seventy-five paise per ten square metres of total plot area in case of vacant plots drawn in favour of the Commissioner of Municipal Administration, Chennai � 600 005;

(g) Declaration of the violated plot or floor area category-wise and selfassessment of the regularisation fee payable with working sheets duly signed by both the applicant and a Licensed Surveyor;

(h) Demand Draft or Banker's cheque from any Nationalised bank for not less than one fourth of the sum worked out in clause (g) above, as payment in advance being the the first quarterly installment towards selfassessed regularisation fee drawn in favour of the Commissioner of Municipal Administration, Chennai-600 005. Such payment in advance shall be adjusted against the regularisation fee eventually assessed by the commissioner and other fees or charges leviable for issue of planning or building permission;

(i) An undertaking in a non-judicial stamp paper of value not less than ten rupees agreeing to remit the balance regularisation fee, if any, as assessed by the Commissioner after adjusting the advance payment made, and also all other fees and charges normally leviable for planning and building permission from time to time, by the competent authority;

(j) In the case of flatted developments or construction for considering regularisation of the whole development and construction, the application shall be made jointly by a majority (i.e. above 50 per cent) of flat owners in the plot or their association authorised by the resolution to do so, paying self-assessed regularisation fee for the total violated area within the site and furnishing an undertaking to pay the balance regularisation fee and also all other fees and charges normally leviable for planning and building permission, from time to time, by the competent authority for the whole building, within the plot;

(k) In case of flatted developments or construction for considering regularisation of individual flat, the application shall be made by the flat owner and such application shall be accompanied by the documents specified in clauses (a) to (i) above with advance payment of self assessed regularisation fee and scrutiny fee for that flat. The applicant shall also execute an undertaking as specified in (i) above.

(3) Any application made by any person for regularisation who does not have any right over the land or building or where there is title or ownership legal dispute shall be summarily rejected.

(4) No building with any encroachment, on to a public road or street or on a Government poramboke land or on local body lands, open space and recreational areas parking areas, tank beds and lands affected by the Tamil Nadu Urban Land (Ceiling and Regularisation) Act, 1978 (Tamil Nadu Act 24 of 1978) shall be regularised.

Where this provision sits

ActTamil Nadu Municipal Corporations (Regularisation Of Unauthorised or Deviated Development and Construction of Building) Rules, 2002
Section3
Marginal noteApplication
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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