Case law, Tamil Nadu land law
Common Order in Appeal Nos. 1 to 4 and 10 of 2023
The Tamil Nadu Real Estate Appellate Tribunal issued the Common Order in Appeal Nos. 1 to 4 and 10 of 2023 on 26 June 2023, concerning appeals by Raman Vihar apartment allottees and the Raman Vihar Apartments Owners Association against the Army Welfare Housing Organization. The appeals challenge a common order of the Tamil Nadu Real Estate Regulatory Authority dated 26 October 2022 and raise issues involving sale deeds, UDSL, project land, parking, open space, project documents and registration details.
What the case covers
The Tamil Nadu Real Estate Appellate Tribunal heard five connected appeals under the Real Estate (Regulation and Development) Act, 2016. They challenge the Tamil Nadu Real Estate Regulatory Authority's common order dated 26 October 2022 in complaints filed by individual allottees and the Raman Vihar Apartments Owners Association.
The respondents are the Army Welfare Housing Organization and its representatives connected with the Raman Vihar project in Coimbatore. The matter was reserved on 14 June 2023 and delivered on 26 June 2023.
Project background recorded by the Tribunal
The Common Order in Appeal Nos. 1 to 4 and 10 of 2023 records that:
- The Army Welfare Housing Organization surveyed demand for a Coimbatore housing project in April 2005.
- It purchased 33.66 acres at Chinnavedampatti village, Coimbatore North, from eight persons between February and August 2008.
- The original proposal was for 912 dwelling units in two phases.
- Phase I covered 23.58 acres and proposed 496 dwelling units. Another 10.08 acres was identified for future development.
- From the Phase I land, 5.15 acres was gifted to the Coimbatore City Municipal Corporation for roads and Open Space Reservation.
- The remaining 18.43 acres was intended for the dwelling units and common amenities.
- Although 496 dwelling units were proposed, 400 were constructed and handed over, with some delay.
What the appellants requested
The individual allottees asked for registered sale or conveyance deeds containing what they considered the correct UDSL. Some also sought project documents, reversal of alleged changes to project land records, and relief concerning a paid car parking slot.
The Raman Vihar Apartments Owners Association asked for correction of alleged inaccuracies in the project's registration details, including its carpet area statement. It also sought to prevent fencing, obstruction or segregation of open space and to restrict activity not covered by the referenced development approval.
Who may be affected
The proceedings directly concern the named appellants, the Raman Vihar Apartments Owners Association and the Army Welfare Housing Organization. Other Raman Vihar allottees may find the recorded land extent, project phasing, common-area and conveyance issues relevant. The supplied extract does not include the Tribunal's final findings or operative directions, so it does not establish which requests were granted or refused.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the document order the Army Welfare Housing Organization to execute corrected sale deeds?
The appellants requested sale or conveyance deeds with what they considered the correct UDSL. The supplied extract does not contain the Tribunal's final decision on that request.
How much land was identified for Phase I of Raman Vihar?
The Common Order records 23.58 acres for Phase I. Of that, 5.15 acres was gifted to the Coimbatore City Municipal Corporation for roads and Open Space Reservation.
Was part of the purchased land kept for later development?
Yes. The Common Order records that 10.08 acres out of the total 33.66 acres was identified for future development.
How many homes were proposed and completed in Phase I?
The Common Order records that 496 dwelling units were proposed in Phase I, but 400 were constructed and handed over to allottees, with some delay.
