Tamil Nadu’s property market faces numerous challenges, especially regarding the regularization of unapproved plots. The Government Order G.O.(M.S)78, issued on 20.10.2016 by the Housing Department to address the regularization of unapproved plots and subdivisions, has proven to be inconsistent, leaving property owners confused and vulnerable to delays. Understanding the nuances of these government orders and the types of plots they affect is crucial for both property buyers and landowners in Tamil Nadu.

Inconsistencies in Government Orders Regarding Plot Regularization
The G.O.(M.S)78 issued to regularize unapproved plots and subdivisions contains various inconsistencies that complicate its implementation. Without addressing these issues, the full potential of the regularization process cannot be realized. Many property owners continue to face difficulties in regularizing their plots, especially those developed before certain land planning bodies, like the Directorate of Town and Country Planning (DTCP), were established.

Challenges with Pre-DTCP Plots
Many residential plots that existed before the formation of the DTCP in 1971, particularly in areas like Alamelumangapuram and Ganapathy Syndicate, now face legal ambiguity. These plots, developed in the 1960s, have transformed into well-established residential areas, but there is no clear guidance on how they can be regularized under the current government order. This leaves owners of pre-DTCP plots uncertain about the future of their properties.

Issues with Natham Land
Natham lands, commonly found in Tamil Nadu’s rural villages, often do not have proper building approvals. Many homes built on Natham land are constructed without formal approval, yet transactions such as sales, gifts, and partitions continue to occur. Some villages have been granted provisional or permanent Pattas for these lands, but in many cases, surveys have not yet started. Unfortunately, G.O.(M.S)78 does not offer any policies or solutions for regularizing Natham lands, leaving these property owners in a precarious position.

Government-Assigned Plots (Oppadai Manais)
Throughout Tamil Nadu, the government has assigned plots to marginalized and low-income families under various schemes. These government-assigned plots, or “Oppadai Manais,” often lack formal DTCP approval. Many recipients are unaware of the DTCP process altogether. The current government order does not address the status of these plots, leaving residents uncertain about how to proceed with formalizing their land ownership.

Government-Sponsored Housing Schemes
Programs like the Indira Awas Yojana and Tamil Nadu Green Housing Scheme have provided government assistance to build houses on small plots of land. These plots, often as small as 2 to 3.5 cents, do not require DTCP approval. However, the government order G.O.(M.S)78 does not clarify how these housing projects should be handled, further complicating the approval process.

Need for Clarity on Regularization
Despite the absence of DTCP approval, many of these plots have fulfilled housing needs for decades. There is a misconception in the real estate market that only DTCP-approved plots qualify for bank loans. However, financial institutions like IDBI, LIC, rural housing finance corporations, and cooperative banks do offer loans on unapproved plots. The government needs to clarify whether these institutions will continue providing loans on non-DTCP plots or if stricter regulations will be enforced.

Real Estate Misconceptions
Misunderstandings surrounding the need for DTCP approval have caused confusion in the real estate sector. While banks and financial institutions have been issuing loans for unapproved plots, the lack of clear policies from the government has led to ongoing uncertainty. Addressing these misconceptions is crucial for maintaining transparency in property transactions.

Lack of Guidance for Certain Types of Plots
Although DTCP has provided some clarification that houses built under government schemes like the Indira Awas Yojana and Tamil Nadu Green Housing Scheme do not require further regularization, no clear guidelines have been issued for Natham lands or Oppadai plots. This lack of guidance leaves property owners unsure of their next steps in ensuring the legality of their plots.

Approval for Land Transactions
When property owners attempt to sell or settle properties built under government housing schemes, they may encounter resistance from the Sub-Registrar’s office if DTCP approval is lacking. However, owners can present letters from the DTCP clarifying that such properties do not require further approval to facilitate transactions. This loophole offers some relief, but a more formalized solution is still needed.

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Issue 1: Rectifying Misclassified Natham Lands and Granting Pattas

The Problem:
Natham lands are sometimes misclassified during surveys as “vacant Natham,” “Sarkar” (government land), “abandoned,” or “poramboke” (non-revenue land). These misclassifications can go unnoticed for years, only becoming a problem when the landowner tries to sell the property, apply for building permits, or secure property loans. The incorrect classification can cause delays and even rejections in processing these applications.

Solution:
To rectify the misclassification, you must file a petition with the District Collector, accompanied by supporting documents such as:

• Sale deeds
• Property tax receipts
• Electricity bill receipts

A Government Order (K3/14710/2015, dated 07.08.2015) allows for the correction of misclassifications. It is crucial to include this order in your petition. After submitting the application, a field investigation will be conducted based on the guidelines outlined in the Urban Development Report (UDR) name correction article, which applies to this process.

Issue 2: Requesting Pattas for Occupied Natham Lands Misclassified as Vacant

The Problem:
Many people unknowingly purchase Natham lands classified as “vacant Natham.” These lands are often registered without the buyer or the registration department realizing that the land is classified incorrectly. This can lead to issues when the buyer tries to regularize the land or apply for permits.

Solution:
To address this, you must file a petition with the District Collector during the Monday grievance meeting. According to the Revenue Department’s 21st order, the land can be allocated to you for a fee, or you may need to wait for the next Natham mega survey to reclassify the land correctly. It is important to distinguish between “squatting” and “encroachment” as defined by the government, as this will affect the processing of your petition.

Issue 3: Correcting Errors in Natham Survey Records

The Problem:
Errors in names, survey numbers, or measurements are common in Natham land records. If your name is listed incorrectly, or if there are discrepancies in the survey number or land extent, it can create confusion during land transactions or legal processes.

Solution:
To correct these errors, file a petition with the District Revenue Officer. The local Village Administrative Officer (VAO) and Revenue Inspector will conduct investigations and submit reports. Based on these reports, the Revenue Officer will issue a correction order. The correction process follows the same fieldwork steps mentioned in the UDR name correction article, ensuring that all discrepancies are resolved.

Issue 4: Removing Unauthorized Names from Natham Pattas

The Problem:
In some cases, an unauthorized person’s name may appear on your Natham patta, or your name may be missing from the record even though you should be listed as a landowner. This can complicate ownership rights and lead to legal disputes over the land.

Solution:
File an appeal for patta modification with the Revenue Officer. Both parties will be summoned for an inquiry, and based on the findings, modifications to the patta will be made. This ensures that your name is correctly listed, and unauthorized entries are removed. The necessary fieldwork is detailed in the UDR name correction article, which outlines the steps for patta corrections.

Issue 5: Lack of Natham Survey in Many Villages

The Problem:
Despite the Natham survey project running between 1990 and 1995 across Tamil Nadu, many villages were either not surveyed or were surveyed incompletely. This often results in a single survey number covering an entire area without sub-survey numbers, leading to double documentation issues, ownership disputes, and court cases.

Solution:
Villagers should collectively petition the District Collector to conduct a complete Natham survey in their village. Persistent petitions, especially during electoral promises, can pressure the authorities to finish the survey. Completing the survey will subdivide Natham lands properly, assigning individual survey numbers and ensuring accurate ownership records.

Conclusion

Village Natham lands, while historically significant, come with a range of challenges for landowners due to misclassifications, incomplete surveys, and incorrect record entries. By understanding the issues and taking the right steps—whether it’s filing petitions with the district collector, correcting survey records, or requesting pattas—you can secure your land rights and avoid future legal disputes. Make sure to follow up persistently and consult government guidelines to ensure a smooth process.

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