Last Updated on 5 months by ChennaiRealties
Regularisation of Unapproved Plots and Layout: The Update
No Regularisation Orders Issued so far
Though the Rules for Regularisation of Unapproved Layouts and Plots were Published more than 3 and a Half months ago, Issuance of Regularisation Orders is yet to take-off.
Reports in many Newspapers confirm this.
The Hindu(Tamil) reported:
“அறிவிப்பு வெளியிட்டு 3 மாதமாகியும் ஒரு வீட்டு மனை கூட வரன்முறை படுத்தாத நிலை”
That News Report further says that in CMDA area alone 3500 Applications have been received for Regularisation. The reason for this delay, according to this Report is non-delegation of powers by CMDA yet.
Field Reports say that the officials in most of the Centers maintain that the Orders have not come so far.
We also get Phone calls from Chennai and outside, making the same complaint. In all the places, the Officials give the answer that they are yet to get the orders.
Why the Delay?
We further understand that the Process of Issuance of Regularisation Orders will start only after the last date for receipt of Applications, ie Nov 3 2017.
This delay may be due to the Procedures, Volume involved, and lack of Staff at the front/back end.
Process of giving suo-motto Approval is underway
We understand that the Process of giving suo-motto, in-principle sanction for the Layout Framework, is now underway. If the Plot or Layout is found Regularisable, the Applicants will be given a Demand Notice by the Competent Authority, of the amount to be paid for the Regularisation Order to be issued.
Apart from the Regularisation Charges, and Development Charges, which are fixed in the Rules, OSR charges which may vary depending upon the Guideline Value and the Open Space already available in the Layout, will have to be paid by the Applicant.
For regularization of plot in a sub-division, the Open space reservation area requirement as per the Development Regulations or Development Control Regulations, as the case may be, shall be calculated and charged proportionate to the plot area applied for regularization.
Only in cases where it is not possible to reserve the land, equivalent guideline value in lieu of Open Space reservation shall be collected for the shortage area.
For Regularisation of a Layout, OSR charges shall be collected for 10% of the Layout Area. However, if some Open Space is already available in the Layout, such area shall be deducted from the requirement and charges levied accordingly.
To decide the OSR charges an Applicant has to pay for the Plot, the Competent Authority shall first Approve a Layout Framework for the particular Layout.
“Layout framework” means Layout plan approved by the Competent Authority specified in rule 2(2)(ii)(Planning Authority-CR) with or without changes, showing the changes made to the as on ground layout plan submitted by the layout Promoter / Society / Association or prepared suomotu as per rule 5(4) for improving the layout.”
The Competent Authority has to see that the Layout plan submitted by the layout Promoter / Society / Association is in conformity with the Development Rules or Control Rules for the Area and decide the OSR charges that may have to be paid proportionately by the Plot owners seeking Regularisation.
OSR and Guideline Value
The Rules state that the OSR Charges will have to be paid on Guideline value prevailing on the date of Notification of the Rules, ie May 2017. However, the Government slashed the Guideline value from 9th June, 2017. Whether the Government will consider the new Guideline Rates, one has to wait and see. That may be decided by the time the Demand Notices are to be send to the Applicants about the Amount they may have to pay.
Applications are Received at E-Centers
We understand, that the e-Centres in Taluk Offices are doing the job of Registration, and collecting the documents and scanning them. In most of the places, token system is introduced, for around 10 persons per day At this rate, how long it will take for the Regularisaion Order to be issued is anybody’s guess.
The Portal or User Manual do not say that the E-Centers are to do this. Anyone can do this from their Home. The Sketch of the Layout has to be Uploaded at the time of Online Registration. This require a soft copy of the Sketch in the computer. Many may not be in a position to do this. The E-Centers have stepped in and are doing the job. However, more systems and personnel are required to speedily do the job.
The User Manual of CMDA suggests the list documents that are required to be submitted along with the Application.
Processing the Application
After submission of the Application, the Competent Authority shall inspect the site, may call for more details, and if the details are not submitted within 60 days, the Application shall be rejected.
Issuing Regularisation Orders shall start only after the in-principle Approval has been given by the Planning Authority.
The Applicant will get 30 days to make payment of the Amount in the Demand Notice
On receipt of the in-principle approval of the layout framework from the Planning Authority, the Competent Authority shall make sure that the Plot applied for regularization tallies with the corresponding plot in the in-principle approved layout framework in respect of the plot dimensions and width of abutting road and issue demand notice for payment of Regularization Charges, Development Charges and Open Space Reservation charges.
Regularisation of plot under these rules shall not be deemed to be a regularisation of the building constructed in the plot and does not confer any right on the applicant or owner of the plot to obliterate the action taken against such buildings under sections 56 and 57 of the Act
Little Scope for Review of the Rules, as Things Stand Today
It appears that most of the Unapproved Plot owners are yet to make up their mind to Apply.Earlier Reports suggested that there are more than 13 Lakhs Unapproved Plots in Tamilnadu. It seems the Applications received are only a fraction of it.
They may be hoping for a last minute change in the mind of the Government. This appears to be highly unlikely.
The Madras High Court by it’s Order dated 12th May 2017 Approved the Rules submitted by the Tamilnadu Government for Regularisation of the the Unapproved Layouts and Plots.They were further confirmed by the Court Order dated 15th June 2016.
Therefore, the Government cannot unilateraly alter the Rules without the concurrence of the Court.
Also, the Party who has initiated this Litigation can go to Court in the event of Government tinkering with the Rules.
Why the need for a Last Date?
We are at a loss to understand the need for fixing the last date. Now that after Nov 3, 2017, Registration will be possible only if the Plot is Approved, any one wanting to sell a Plot will inevitably has to apply for Regularisation.
Forcing the Plot Owners to Compulsorily Apply here and now, will put many plot owners, especially those who bought the Properties long back and would have paid it through monthly instalments, to much hardships. This means even if they intend not to sell for now, they have to shell out money for the Regularisation.
With the Rules in place, the Unapproved Plots will have no takers after this Rules take effect. Therefore it is prudent to Apply for Regularisation at the earliest