Keyword(s):
Building Rules, Regulation and Bye-Laws, Chennai Metropolitan Planning Area,
Detailed Development Plan, Master Plan, Public Street, Punitive Action,
Unauthorized Development

An Act to make special provisions for Chennai Metropolitan Planning Area
for a period of one Year and for matters connected therewith or incidental thereto.
WHEREAS, there had been rapid increase in the population owing to industrialization,
migration and various other factors, putting pressure on land and infrastructure in the
Chennai Metropolitan Planning Area leading to unauthorized developments which are not
in conformity with the First Master Plan for Chennai Metropolitan Planning Area in force,
the Development Control Rules contained therein and the building rules, regulations and
bye-laws;
AND WHEREAS, the Government have constituted a committee headed by a retired
Supreme Court Judge to look into all aspects of developments and to suggest necessary
modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu
Act 35 of 1972);
AND WHEREAS, it is expected that the recommendations of the Committee aforesaid
may involve substantial amendments to the Tamil Nadu Town and Country Planning
Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective effect, and in particular
to the provisions relating to construction and use of the premises, thereby changing the
position as obtaining now under the said Act;
AND WHEREAS, Chennai Metropolitan Development Authority has prepared the draft
Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026
keeping in view the emerging new dimensions in urban development, which has been
published for public objections and suggestions giving time upto 31-8-2007. The draft
Master Plan II after public consultation and modification as suggested by the
Government was resubmitted to Government on 29th February 2008. The Government
have approved the said draft Master Plan II for Chennai Metropolitan Planning Area, 2026
and the same has been published in the Tamil Nadu Government Gazette Extraordinary,
dated the 2nd September 2008. The various ramifications of the approved Master Plan II
for Chennai Metropolitan Planning Area, 2026 are under consideration of the six sectoral
committees formed for the purpose;
AND WHEREAS, a comprehensive policy for the improvement of slum areas and
resettlement of the people in slum area wherever necessary in the Chennai Metropolitan
Planning Area is contemplated by the State Government;
AND WHEREAS, a detailed study of the issues relating to unauthorized occupation
by the vendors and hawkers in the public street is contemplated with a view to evolving
a scheme for regulating their activities;
AND WHEREAS, action for violation of the provisions of the First Master Plan for
Chennai Metropolitan Planning Area in force and Development Control Rules contained
therein, before a final view is taken in the matter by the Government may cause avoidable
hardship and irreparable loss to a large number of people including small traders;
AND WHEREAS, the Tamil Nadu Laws (Special Provisions) Ordinance, 2007
(Tamil Nadu Ordinance 1 of 2007), which was replaced by the Tamil Nadu Laws (Special
Provisions) Act, 2007 (Tamil Nadu Act 39 of 2007), was challenged before the High Court
of Madras, and it was quashed by a Division Bench of the High Court of Madras;
AND WHEREAS, in the Special Leave Petitions filed before the Supreme Court of
India against the above Judgment of High Court of Madras, quashing the above said
Tamil Nadu Ordinance 1 of 2007 and the said Tamil Nadu Act 39 of 2007, the Supreme
Court has ordered that status quo as on 14-12-2007 shall be maintained until further
orders and the petitioners shall not pass any order of regularization in the meantime;
AND WHEREAS, the validity of the said Tamil Nadu Act 39 of 2007 is pending before
the Supreme Court of India and the said Tamil Nadu Act 39 of 2007 ceased to operate
on 26th day of July 2008 and in order to maintain the status quo as ordered by the
Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special
Provisions) Act, 2008 (Tamil Nadu Act 56 of 2008), which would also cease to operate
from the 27th day of July 2009;

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