Builders must ensure that approved infrastructure corridors and public-use spaces remain free from permanent encroachments.

Compound Wall Restrictions in Road Widening Areas

Permanent compound walls are not permitted within:

• Approved street alignment zones
• Proposed road widening areas
• Future infrastructure reservation corridors

Builders are required to leave the designated widening extent unobstructed as per the sanctioned layout plan.

Temporary provisions such as:

• Landscaping
• Grill fencing
• Barbed wire fencing
• Dwarf walls below 0.60 metres

may be permitted because they can be removed during future road expansion works.

Open Space Reservation (OSR) Compliance

OSR land is reserved for:

• Public open spaces
• Parks
• Community welfare
• Environmental balance

Once vested with the competent authority or local body:

• No permanent structures may be constructed
• Private occupation is prohibited
• Commercial usage is not permitted without approval

Builders must preserve OSR land strictly according to sanctioned planning conditions.

Why These Regulations Are Important

These provisions help:

• Enable future road expansion
• Reduce urban congestion
• Preserve green and recreational spaces
• Support sustainable city planning
• Improve public infrastructure development

Unauthorized encroachments may lead to:

• Demolition notices
• Planning violations
• Approval cancellation risks
• Legal disputes with authorities

Verified.RealEstate Services for Builders & Developers

Developers and landowners can utilize:

• Layout Approval Verification
• OSR Compliance Verification
• Encumbrance & Land Due Diligence
• Development Regulation Review

through Verified.RealEstate before executing compound wall or layout-related construction.

The Madras High Court has sought a response from the Tamil Nadu government regarding a recent Government Order (GO) that significantly alters how housing layouts and developments are approved in ecologically sensitive hill areas.

The issue is about a recent Government Order (GO) that makes it easier to get approval for housing layouts, land-use changes, and building projects in areas that were earlier strictly monitored by the Hill Area Conservation Authority (HACA).

Earlier, most developments in these sensitive hill regions required approval from HACA to ensure environmental protection. But under the new system, many of these approvals can now be given directly by planning authorities, reducing the role of HACA.

The case, filed as a Public Interest Litigation (PIL), challenges the dilution of environmental safeguards following procedural changes introduced under this new policy framework.

📜 What the New Government Order Changes

The Government Order (Housing & Urban Development Department, 2026) introduces a major shift in how development permissions are handled in areas governed by the Hill Area Conservation Authority (HACA).

Historically, HACA functioned as a mandatory clearance body for developments across 597 revenue villages in 16 districts . The new GO restructures this system.

This Feb 2026 Government Order brings a major change to how approvals are handled in hill areas under HACA.

Earlier, most developments required mandatory HACA approval across 597 villages . Now, the system is more decentralised and flexible.

🧭 1. Size-Based Approval System

• Land-use change up to:
  • 2 hectares (urban)
  • 4 hectares (rural)
    👉 No HACA approval needed
• Larger projects:
  👉 Still require HACA review

🏗️ 2. No HACA Clearance for Layouts

• Layout approvals can now be given directly by planning authorities
• This is the biggest change in the GO

🔄 3. Fewer Approvals (NOCs Reduced)

• Removed:
  • RDO (Revenue Divisional Officer) NOC
    • Justification: Land records can be verified digitally
  • Agricultural Engineering Department NOC
    • Reason: Parameters already covered by Geology & Mining Department

⚠️ Conditional NOCs:

• Forest Department NOC
  • Still required in most cases, especially where:
    • Land-use conformity with Master Plan is involved
    • Development is in non-plan areas
• Geology & Mining NOC
  • Not required:
    • For developments within approved layouts
    • In certain non-hill-station areas

🔁 4. No Duplicate Clearances

• Once approvals are taken at one stage,
  👉 they don’t need to be repeated later

🌄 5. Different Rules for Different Hill Areas

• Hill stations (Ooty, Kodaikanal) → slightly stricter
• Other hill areas → more relaxed rules

🏛️ 6. Power Shift to Local Authorities

• More control given to:
  👉 DTCP and planning bodies
• Less dependence on HACA

🌄 HACA’s Role Reduced: From Gatekeeper to Limited Oversight

Under the previous framework, nearly all development proposals required prior approval from HACA, ensuring ecological considerations were central to planning decisions.

However, the new policy introduces a Project size–driven-based approach, where only large-scale projects are routed through HACA, while smaller developments are processed like regular non-hill area projects.

This effectively transforms HACA into a selective oversight body rather than a universal regulator.

⚠️ Why the Policy is Being Challenged

The PIL argues that the GO weakens environmental protection mechanisms in fragile hill ecosystems.

Key Concerns Raised:

• Bypassing HACA for layouts could lead to unregulated construction
• Absence of scientific or environmental impact studies
• Potential violation of:
  • Article 21 (Right to Life – includes environmental protection)
  • Article 48A (State’s duty to protect environment)

The High Court has taken cognizance of these concerns and directed the state to respond.

🏗️ Impact on Real Estate Development in Hill Regions

This policy shift directly impacts key hill markets such as:

• Nilgiris (Ooty, Coonoor, Kotagiri)
• Kodaikanal region
• Yercaud (Salem district)
• Elagiri (Tirupattur)

Positive Implications:

• Faster approvals
• Reduced bureaucratic delays
• Increased investor interest

Risks:

• Legal uncertainty due to ongoing litigation
• Environmental compliance risks
• Potential future cancellation or stricter regulation

⚖️ Development vs Environment: The Core Debate

At its heart, this issue reflects a broader policy tension:

The outcome of this case could set a precedent for how India balances growth with environmental conservation in sensitive zones.

🔍 What Happens Next?

The Tamil Nadu government is expected to submit its response to the Madras High Court in the coming weeks. Until then, the future of this policy remains uncertain.

Developers and investors are advised to proceed cautiously, especially in projects that rely on the relaxed approval norms introduced under the GO. Any major investment decisions should factor in the possibility of regulatory changes or court-imposed restrictions. Projects approved under the new rules may also face delays or legal challenges if the policy is modified or struck down.

New Norms for Layout Approvals

A government order issued by the housing secretary announced the reduction of the minimum road width from seven meters to 6.5 meters in towns and to six meters in village panchayats. This change will be implemented by amending the Tamil Nadu Combined Development and Building Rules of 2019. However, for residential layouts in the Chennai Metropolitan Area, peri-urban village panchayats, municipal corporations, and municipalities, the road width requirement will remain at seven meters.

Historical Context and Recent Developments

This decision follows a review meeting held under the housing minister on August 31 of the previous year. During the meeting, it was noted that many of the 27,690 unapproved layouts regularized since the introduction of the regularization scheme on May 4, 2017, had road widths of less than seven meters. As these roads serve as access routes for newly formed layouts that comply with the required road width, delays in obtaining planning permissions for both old and new layouts were common.

In response, the Director of Town and Country Planning (DTCP) proposed an amendment to the Tamil Nadu Combined Development and Building Rules, 2019, to address this issue by adjusting the road width norms for access roads.

Implications for Rural Housing Development

Rama Prabhu, Chairman of the Builders Association of India DTCP Committee, praised the new regulations, noting that they would provide substantial relief to regularized layouts that previously could not secure planning permissions due to road width constraints. He highlighted that this adjustment would promote growth in the housing sector, especially in rural areas.

Conclusion

This initiative underscores the government’s dedication to facilitating housing development and improving the efficiency of the planning permission process. By relaxing road width norms, the state aims to support the expansion of the housing sector and ensure smoother processing of planning approvals, benefiting both urban and rural communities.