FAQ – Village Panchayat Approval of Layout Valid?
It is with great regret that we note that some criminally vested interests are creating confusion and misguiding our homeowners about the ongoing regularisation by declaring that our Layout is approved by Panchayat and therefore does not need regularisation from DTCP.
Below is the official Directive from the Director of Rural Development as early as in 2003 which clearly says that Village Panchayat (President) approvals are INVALID unless prior concurrence of the Director of Town and Country Planning is taken and the details are indicated in the approval letter.
Although our Layout was approved by the Village President of Mathalapattu Panchayat Union, unfortunately, the approval was not done correctly – that is, with the mandatory concurrence of the DTCP and the panchayat letter of approval does not carry the technical details of DTCP approval as per the TN Panchayat Rules. Thus, the Panchayat Approval is invalid. The Madras High Court has ruled that no registration of Sale could be done for such unapproved layouts and plots. Therefore, both the layout and the individual plots will need to be regularised without exception, since the Panchayat Approval is no longer valid in Law.
When Banks give loan, they do due diligence on the ownership of the land and encumbrances, but they are not bound to check the validity of the Approvals. Just because Banks have given loan in the past does not give any legitimacy or official approval for the plots.
We request all Homeowners to apply and benefit from this regularisation drive. Do not fall prey to those who unnecessarily create confusion – their motive is criminal.
Also, here are some articles from the Press that further clarify the issue.
The relevant GO is reproduced below:
D.O.Lr. No. 83921/2003/PH2 dated 14.11.2003.
Sub : Town Planning – Unapproved layout – Approved by Panchayat President – Violation of Rules – Regarding.
Ref : 1. G.O.Ms. No. 255, Rural Development (C2) Dept dt 18.8.97.
2. From the Director of Town and Country Planning D.O. Roc.No. 25718/03/LA2 dated 20.10.2003.
- In the G.O. first cited the Tamil Nadu Panchayat Building Rules 1997, were issued by Government. As per rule 3 the Executive Authority of the Village Panchayat (President) should get prior concurrence of the Director of Town and Country Planning or his authorised and Director or Deputy Director of Town and Country Planning, for approving the layouts/plan.
- In the Lr. 2nd cited it has been brought to notice by the Director of Town and Country Planning that some of the Panchayat Presidents are approving layouts without prior concurrence of the Director of Town and Country Planning in violation of the above rules. He has further inform that the Village Panchayat Presidents should not issue any approval to any layout whatever may be the extent in their areas without getting technical approval and concurrence from the Director of Town and Country Planning or his authorised Joint Director or Deputy Director.
- He has also insisted that the Village Panchayat Presidents should indicate the details of technical approval given by the Director of Town and Country Planning along with his letter No. and date in each of the “No objection certificate” issued by the Presidents to the Registration Department.
- I therefore request you to give the following instructions to all Village Panchayat Presidents in your District.
- The Village Panchayat President should not issue any approval to any layout. Whatever be the extent in their areas, without getting technical approval and concurrence by the Director of Town and Country Planning or his authorised Joint Director / Deputy Director.
- The Village Panchayat Presidents should indicate the details of technical approval given by the Director of Town and Country Planning with his letter No. and date in each of the No objection Certificate issued by the Executive Authority of the Village Panchayat (Presidents)
The Tamil Nadu Panchayats Building Rules, 1997
(G.O. (Ms) No. 255, Rural Development (C2) Department, Dated 18.8.1997)
3. Application for approval of layout of sites – (1) No owner or other persons shall layout a street, land, passage or pathway or sub-divide or utilise the land or any portion or portions of the same on the site or sites for building purpose until a lay-out plan has been approved by the Executive Authority who shall get prior concurrence of the Director of Town and Country Planning or his authorized Joint Director or Deputy Director of Town and Country Planning for such approval.
G.O. (Ms) No. 255, Rural Development (C2) Department, Dated 18.8.1997
19.5 Unapproved Layout – Approved by Panchayat President – Violation of Rules
More Information can be had from the Rural Development and Panchayat Raj Department website.
Hope this clears the issue satisfactorily.
I Don’t intend to sell my House/Plot. Why should I regularise?
If the Plot is not regularised, you may not be able to do ‘Settlement’ of the plot in favour of your children. Even execution of your Will might be problematic. It is better to regularise than to risk losing registration privileges.
Also, you will need regularisation of the plot to apply for Patta and mutilate the Patta/Revenue records in your name.
It is the Government/Panchayat/Somebody’s mistake, why should I regularise?
The Panchayat President Approval is flawed and incomplete without the DTCP Concurrence (See TN Panchayat Building Rules) and the Government is not bound by the flawed approval. It is the Plot owners who have to be careful and when the problem has come to light, take steps to rectify the situation. If this regularisation amnesty is not taken advantage of, it would be the problem of the plot owner.
Regularisation will cost me too much, maybe in Lakhs?
Wrong, It will cost 12,265 Rupees for a 2400 sq feet (222.96 sq. m) plot.
Breakup: Regularisation Charge is 30 Rs per Sq. m, that is 223 x 30 = 6690 Rupees and Development Charge is Rs. 25/Sq. m, that comes to 223 x 25 = 5575 Rupees. Total of 6690 and 5575 is 12265 Rupees.
This is worth paying for peace of mind and Patta.
I don’t want to regularise my Plot. I think the Village President Approval is good enough for me. Why are you people forcing me to regularise?
It is up to you to decide if you want to regularise or not. There is absolutely no compulsion from the Association. Please feel free to do whatever you think is correct or good for your own welfare.
Ours is merely a friendly advice.