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Incorporation of the Metropolitan Development Authority

- Tuesday, 11 November 2014 No Comments
Incorporation of the Metropolitan Development Authority

The Metropolitan Development Authority shall be a body corporate and shall have perpetual succession and a common seal and, subject to such restriction or qualification as may be imposed by or under this Act or any other law, may sue or be sued in its corporate name or acquire, hold or dispose of property, movable or immovable, or enter into contracts and do all things necessary, proper or expedient for the purpose of its constitution.

Establishment of the Chennai Metropolitan Development Authority

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Establishment of the Chennai Metropolitan Development Authority
(1) With effect from such date as the Government may, by notification in the Tamil Nadu Government Gazette, appoint in this behalf, there shall be established for the Chennai Metropolitan Planning Area and authority by the name of the Chennai Metropolitan Development Authority.
(2) The Chennai Metropolitan Development Authority established under subsection (1) shall consist of-

(a) twelve persons appointed by the Government of whom- 
(i) one shall be the Chairman; 
(ii) one shall be the Vice-Chairman; 
(iii) six shall be officers of the Government; 
(iv) two shall be members of the State Legislature; 
(v) one shall represent trade and industry in the Chennai Metropolitan Planning Area; and 
(vi) one shall be the member-secretary.

(b) the Director; 
(c) the Joint Director of Town and Country Planning or the Deputy Director of Town and Country Planning of the Chennai Metropolitan Planning Area to be nominated by the Government; 
(d) the Commissioner, Municipal Corporation of Chennai 
(e) the representatives of local authorities as specified below:- 

(i) if there is only one local authority functioning in the Chennai Metropolitan Planning Area, two representatives nominated by the local authority; 
(ii) if there are two or more local authorities functioning in the Chennai Metropolitan Planning Area, such persons not exceeding four in number as are appointed by the Government who are members of such local authorities;
(f) the Chairman of the Tamil Nadu State Housing Board constituted under section 3 of the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) or such other officer as that Chairman may nominate in this behalf, from time to time; and 

(g) the Chairman of the Tamil Nadu Slum Clearance Board established under section 34 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971) or such other officer as that Chairman may nominate in this behalf from time to time. 

(h) a whole-time Director of the Chennai Metropolitan Water Supply and Sewerage Board constituted under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978) nominated by that Board, ex-officio.



CONSTITUTION AND INCORPORATION OF THE TAMIL NADU TOWN AND COUNTRY PLANNING AUTHORITIES

- Wednesday, 5 November 2014 No Comments
Ripon_Building_panorama
  1. Appointment of Director of Town and Country Planning and other officers.-
  2. The Government shall appoint a Director of Town and Country planning and such number of officers as they think fit.

THE TAMIL NADU TOWN AND COUNTRY PLANNING ACT, 1971

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CS&CO1103
An Act to provide for planning the development and use of rural and urban land

in the State of Tamil Nadu and for purposes connected therewith.

BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-second

year of the Republic of India as follows:-

1. Short title, extent and commencement – (1) This Act may be called the Tamil

Nadu Town and Country Planning Act, 1971.

(2) It extends to the whole of the State of Tamil Nadu except the places declared

to be cantonments under section 3 of the Cantonments Act, 1924 (Central Act II

of 1924).

(3) It shall come into force on such date as the Government may, by notification,

appoint; and different dates may be appointed for different areas and for different

provisions of this Act.


2. Definitions. – In this Act, unless the context otherwise requires,-

(1) “agriculture” includes horticulture, fruit-growing, seed growing, dairy-

farming, livestock-breeding, the use of land as grazing land, or any other use of land


where such other use is ancillary to any agricultural purposes; but does not include

the use of any land attached to a building for the purpose of a garden to be used along

with such building; and “agricultural” shall be construed accordingly;

(2) “amenities” include streets, open spaces, parks, recreational grounds,

play-grounds, water and electric supply, street lighting, sewerage, drainage, public

works and other utilities, services and conveniences;

(3) “appropriate planning authority” or “planning authority” means a “regional

planning authority”, a local planning authority” or a “new town development

authority”, constituted under section 11;

(4) “area of bad lay-out or obsolete development” means an area consisting of

land which is badly laid out or of obsolete development, together with other lands

contiguous or adjacent thereto, and which is defined by a development plan as an area

of bad lay-out or obsolete development;

(5) “arterial road” means any highway which connects towns with one another

and facilitates movement of goods and people from one town to another;

(6) “Board” means the Tamil Nadu Town and Country Planning Board

constituted under section 5;

(7) “building” includes-

(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than

a boundary wall) and any other structure whether of masonry, bricks, mud, wood, metal

or any other material whatsoever;

(b) a structure on wheels or simply resting on the ground without

foundations;

(c) a ship, vessel, boat, tent, van and any other structure used for human

habitation or used for keeping or storing any article or goods; and

(d) the garden, grounds, carriages and stables, if any, appurtenant to any

building;

(8) “building-line” means a line which is in rear of the street-alignment and to

which the main wall of a building abutting on a street may lawfully extend and beyond

which no portion of the building may extend;

(9) “building operations” includes-

space;

alteration or enlargement, as the case may be, of more than one-tenth of the extent of the

cubical contents of such building;

of the use of any part used for human habitation into a greater number of such parts;

sanitary arrangements or affect in material respects its structural stability; and

the owner;

(10) “commerce” means the carrying on of any trade, business or profession, sale

or exchange of goods of any type whatsoever and includes the running of, with a view to

making profit, hospitals, nursing homes, infirmaries, educational institutions, and

“commercial”, shall be construed accordingly;

(a) erection or re-erection of a building or any part of it;

(b) roofing or re-roofing of a building or any part of a building or an open

(c) any material alteration or enlargement of any building which involves

(d) any material change in the use of a building including the conversion

(e) any such alteration of a building as is likely to affect its drainage or

(f) construction of a door opening on any street or land not belonging to

(11) “commercial use” includes the use of any land or building or part thereof for

purposes of commerce or for storage of goods, or as an office, whether attached to

industry or otherwise;

(12) “company” means-

(a) any company as defined in the Companies Act, 1956 (Central Act 1 of

1956), including any foreign company within the meaning of section 591 of that Act;

(b) any body corporate; or

(c) any firm or association (whether incorporated or not), carrying on

business in the State of Tamil Nadu whether or not its principal place of business is

situated in the said State;

(13) ‘development” means the carrying out of all or any of the works

contemplated in a regional plan, master plan, detailed development plan or a new town

development plan prepared under this Act, and shall include the carrying out of building,

engineering, mining or other operations in, or over or under land, or the making of any

material change in the use of any building or land:

Provided that for the purposes of this Act, the following operations or uses of land

shall not be deemed to involve development of the land, that is to say,-

(a) the carrying out of any temporary works for the maintenance, improvement or

other alteration of any building, being works which do not materially affect the external

appearance of the building;

(b) the carrying out by a local authority of any temporary works required for the

maintenance or improvement of a road, or works carried out on land within the

boundaries of the road;

(c) the carrying out by a local authority or statutory undertaker of any temporary

works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes,

cables or other apparatus, including the breaking open of any street or other land for that

purpose;

(d) the use of any building or other land within the curtilage of a dwelling house

for any purpose incidental to the enjoyment of the dwelling house as such; and

(e) the use of any land for the purpose of agriculture, gardening or forest

(including afforestation) and the use for any purpose specified in this clause of this

proviso of any building occupied together with the land so used;

(14) “development authority” means a regional planning authority or a local

planning authority or a new town development authority constituted under this Act;

(15) “development plan” means a plan for the development or re-development or

improvement of the area within the jurisdiction of a planning authority and includes a

regional plan, master plan, detailed development plan and a new town development plan

prepared under the Act;

(16) “Director” means the Director of Town and Country planning appointed

under section3;

(17) “engineering operations” includes the formation or laying out of means of

access to a road or the laying out of means of water-supply, drainage, sewerage or of

electricity cables or lines or of telephone lines;

(18) “Government” means the State Government;

(19) “highway” has the same meaning as in section 4of the National Highways

Act, 1956 (Central Act XLVIII of 1956);

(20) “industrial use: includes the use of any land or building or part thereof for

purposes of industry;

(21) “industry” includes the carrying on of any manufacturing process as defined

in the Factories Act, 1948 (Central Act LXIII of 1948) and “industrial”, shall be

construed accordingly;

(22) “land” includes benefits to arise out of land, and things attached to the earth

or permanently fastened to anything attached to the earth;

(23) “local authority” means-

(i) the Municipal Corporation of Chennai or of Madurai; or

(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities

Act, 1920 (Tamil Nadu Act V of 1920); or

(iii) a Township Committee constituted under the Tamil Nadu District

Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or the Tamil Nadu Panchayats

Act, 1958 (Tamil Nadu Act XXXV of 1958) or under any other law for the time being in

force, or the Mettur Township Act, 1940 (Tamil Nadu Act XI of 1940), or the Courtallam

Township Act, 1954 (Tamil Nadu Act XVI of 1954), or, the Bhavanisagar Township Act,

1954 (Tamil Naddu Act XXV of 1954); or

(iv) a Panchayat Union Council or a Panchayat constituted under the Tamil Nadu

Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958);

(23-a) Chennai Metropolitan Planning Area: means the City of Chennai and such

contiguous area of such City as the Government may, from time to time, specify by

notification in the Tamil Nadu Government Gazette:

Provided that before issuing such notification under this clause the Government

shall give any inhabitant or any local authority or institution in such contiguous area a

reasonable opportunity for showing cause against the proposal and shall consider its

objections or suggestions if any;

(24) “major street” means a main street connecting different localities;

(25) “means of access” includes any means of passage, whether private or public,

for vehicles or for pedestrians and includes any street;

(25-a) “Metropolitan Development Authority” means the Chennai Metropolitan

Development Authority established under section 9-A;

(26) “National Highway” means any highway declared to be a national highway

under section 2 of the National Highways Act, 1956 (Central Act XLVII of 1956);

(27) “navigable canal” means any waterway or canal or any other source of a

waterway or canal for the public carriage of persons, animals or goods by means of

yachts or boats;

(28) “occupier” includes-

(a) any person for the time being paying or liable to pay to the owner the

rent or any portion of the rent of the land or building or part of the same in respect of

which the word is used or damages on account of the occupation of such land, or building

or part; and

(b) a rent-free occupant;

(29) “owner” includes the person for the time being receiving or entitled to

receive, whether on his own account or as agent, trustee, guardian, manager or receiver

for another person, or for any religious or charitable purposes, the rent or profits of the

property in connection with which the word is used;

(30) “ planning area” means any area declared to be a regional planning area,

local planning area or a site for a new town under this Act;

(31) “plot” means a continuous portion of land held in one ownership other than

land used, allotted or restored for any public purpose or any purpose connected with local

administration carried on by any local authority;

(32) “private street” means any street, road, square, court, alley, passage or riding-

path, which is not a “public street” but does not include a pathway made by the owner of


premises on his own land to secure access to or the convenient use of such premises;

(33) “public building” means any building to which the public or any class or

section of the public are granted access or any building which is open to the public or any

class or section of the public and includes any building-

(a) used as a –

(i) school or a college (whether or not the school or college is a private

educational institution within the meaning of the Tamil Nadu Private Educational

Institutions (Regulation) Act, 1966 (Tamil Nadu Act 23 of 1966), or a University or other

educational institution;

(ii) hostel;

(iii) library;

(iv) hospital, nursing home, dispensary, clinic, maternity centre or any

other like institution;

(v) club;

(vi) lodging house;

(vii) choultry;

(viii) coffee house, boarding house or hotel or an eating house;

(b) used by any association;

(c) ordinarily used by the –

(i) Central or any State Government or any local authority or any body corporate,

owned or controlled by the Central or any State Government;

(ii) public or any class or section of the public for religious worship or for

religious congregation;

(34) “public open space” means any land whether enclosed or not belonging to

the Central or any State Government or any local authority or any body corporate, owned

or controlled by the Central or any State Government on which there is no building or of

which not more than one-twentieth part is covered with buildings, and the whole or the

remainder of which is used for purpose of recreation, air or light;

(35) “public place” means a place (including a road, street or way, whether a

thoroughfare or not, and a landing place) to which the public are granted access or have a

right to resort or over which they have a right to pass;

(36) “public purpose” means any purpose which is useful to the public or any

class or section of the public;

Two days on the trail of Chennai's cleaning brigade

- Tuesday, 4 November 2014 No Comments
Each lorry collects nearly seven tonnes of trash in one trip. Photo: K.V. Srinivasan
One of the first sounds many residents of T.P. Chathram - a jumble of lanes near Kilpauk - wake up to is Sundar’s shrill whistle. A conservancy worker, who collects garbage from households on his tricycle and deposits them in the common bins, he is the first, and a crucial link in the collection chain.

From the bins, it is cleared by the compactor lorries of Chennai Municipal Solid Waste Pvt. Ltd (Ramky Enviro Engineers) or Chennai Corporation. Solid waste management within Chennai Corporation limits is handled by Ramky Enviro Engineers in three zones, and Chennai Corporation in the other 12. The green and grey bins in the corners of the road feed compactor lorries anywhere between 5-7 tonnes of garbage in one trip, said those on the field.

The conservancy workers, three per Corporation vehicle and two per CMSW vehicle, hinge the four-wheeled bins to the rear of the lorry; the bin gets upturned and spills the waste into the jaw-like opening of the lorry.

On Thursday morning, however, all was not well. At 7.45 in the morning, a CMSW compactor lorry stopped beside a bin on Nungambakkam High Road and two men jumped off the vehicle and struggled to push the bin which was missing a wheel. The lorry by now had partially blocked the busy road, and as they tried to mount the bin, it upturned, spilling the filth. The men rapidly scooped the trash and fed it into the lorry. But, as they quickly paced towards the next collection point, some garbage remained.

Elsewhere, the conservancy workers of the CMSW lorry worked like men on a mission, as they spent just over two minutes clearing each of the bins. As they briskly moved through P.S. Sivaswamy Salai, R.K. Salai, Judge Jambulingam Road, Avvai Shanmugam Salaiand Natesan Road , they emptied the bins meticulously, but did not always clear the leftover garbage on the road. On enquiry, they said that the mat, which prevents the garbage from spilling on the road while offloading was torn, and would be repaired soon.

K. Ezhumalai, CMSW supervisor of ward 121, was in charge of the operations. “Our first trip starts at 6 am, and a medium-sized lorry with a driver, and two people who empty the bins, covers close to 40 bins and collects up to 7.5 tonnes of garbage in a trip,” he said. This is as opposed to the 20-25 bins covered by conservancy workers employed by the Chennai Corporation, who clear streets in Shenoy Nagar. The latter too faced similar issues. If the wheels on bins were fixed properly, it would take them much lesser time to clear the area, they said. “It is extremely difficult to push the garbage bin without wheels towards the lorry, especially when they are full and heavy. My back hurts,” said Raju a conservancy worker, as his colleagues Abraham and Mahesh nodded in agreement.

On Wednesday, most of the bins of their beat on Third Main Road and Eighth Cross Street (West) in Shenoy Nagar had been cleared but some garbage was still strewn around. On Thursday afternoon, these spots too were cleared by the compactors. Raju pointed out that the responsibility was not just theirs. “Everyone wants clean streets. If people dump their garbage responsibly inside the bin, we would not have to clear the litter that accumulates outside,” said Raju on Wednesday.

(Names of some workers have been changed on request.)

Waste management begins at home here

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V.Balakrishnan, resident of Besant Nagar, has designed an equipment in his backyard to convert garbage and kitchen waste into organic manure through aerobic composting without any odour.
The stench from piling garbage on Balasubramaniam Street in Mylapore every day only reinforces Srinivas Krishnaswamy’s efforts at source segregation.

A resident of Mylapore, Mr. Krishnaswamy rarely dumps garbage on street corners. “The stench near garbage bins bothers pedestrians. We also see residents in Perungudi and Kodungaiyur suffering because of our waste disposal. So, I have decided not to contribute to waste generation in the city,” says Mr. Krishnaswamy.

A. Noorjahan, councillor of ward 112 which covers Mr. Krishnaswamy’s neighbourhood, says that more such residents may contribute to reduction in garbage generated in the area. “But, most of the residents do not bother to segregate waste. We force conservancy workers to work hard and ensure that the neighbourhood remains clean. Efforts taken for conservancy operations could be channelled for other purposes if residents shoulder some responsibility,” says Ms. Noorjahan.

Mr. Krishnaswamy attributes his success in preventing waste from entering the city’s dumping yards to his choice of consumer products procured from the market. “We do not buy products packed in plastics that cannot be recycled. It is not a jolly thing to do. We carry our own bags for purchase of consumer goods,” he adds.

The family has commissioned a compost yard on the first floor of their house where biodegradable waste is collected. The family has set an example for zero-waste household in a relatively smaller area on the first floor.

Radhika Rammohan, a resident in a larger household in Adyar, says she segregates recyclables such as plastics, glass and paper. The compost pile occupies about 6 ft x 4 ft. The fine finished compost only motivates us, she adds.

V. Balakrishnan, a resident of Besant Nagar, designed his own equipment after retirement from Railways in 2008. “The equipment converts garbage and kitchen waste generated from my household into organic manure by aerobic composting without any odour. Many people adopt my design in their backyard to reduce their garbage and kitchen waste. Since October 2008, I have never sent my garden and kitchen waste to corporation landfills like in Perungudi. The organic manure produced in my home is used for gardening.

“Details on my zero-waste equipment can be seen on my website, www.enrichearth.com. Residents’ associations have emulated the model. My aim is to have a pollution-free Chennai. My work towards this end is to make people aware of their social responsibility and not depend on the government for everything,” he says.

The Chennai Corporation has decided to redesign and develop footpaths in 249 bus routes

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Police Commissioner Office Road is one of the roads to get new footpaths under the first phase. Photo: R.Ravindran
The Chennai Corporation has decided to redesign and develop footpaths in 249 bus routes in the city in the second phase of the footpath improvement scheme.

The decision to invite bids to redesign these stretches was taken at the meeting of Chennai Unified Metropolitan Transport Authority (CUMTA) sub-committee for non-motorised transport on Tuesday. “The redesign will begin after topographic survey of bus routes is completed using LiDar, a special technology using light and radar. Encroachments on the footpaths on many roads will have to be removed first,” said an official of Chennai Corporation.

Work on footpaths in the first phase has been restricted to 71 bus route roads in eight zones of Tondiarpet, Royapuram, Thiru-Vi-Ka Nagar, Anna Nagar, Teynampet, Kodambakkam, Alandur and Adyar. Most of the new granite footpaths in the first phase are two-metre wide. The major roads being covered in the first phase include Ethiraj Salai, Pantheon Road, Police Commissioner Office Road, Gandhi Irwin Road, Valluvar Kottam High Road, Sterling Road, Sterling Avenue, Tank Bund Road and Mahalingapuram Main Road.