Establishment, CMDA APU, Expeditious Disposal of PPAs, Dispensing with Legal Opinion from Government Pleader

What the order changes

The Chennai Metropolitan Development Authority (Administration Division) order, whose number is not shown in the supplied text and which is dated 30 July 2022, says that a Government Pleader's legal opinion on the owner's title need not be insisted upon for planning permission applications.

Office Order No. 01/2017 dated 6 February 2017 had listed a legal opinion among the documents required when admitting a planning permission application. The opinion had to be from specified government legal officers and accompanied by title documents tracing the transfer of rights or ownership since 5 August 1975. The Chennai Metropolitan Development Authority had continued obtaining such opinions for all applications before making this change.

The order records that representations had been received from the Confederation of Real Estate Developers' Associations of India and the Builders Association asking the authority not to insist on a Government Pleader's opinion.

Document scrutiny that continues

The Chennai Metropolitan Development Authority's online process continues to require applicants and architects to:

• Provide a document flow chart for every survey number.
• Upload scanned documents in chronological order against each document entry.

The online system has also been integrated with DOSS and the Registration Department to confirm the genuineness of documents, field measurement book sketches and pattas. Project proponents must separately obtain all other applicable statutory clearances from the competent authorities.

Ownership and title are not approved

Planning permission issued by the Chennai Metropolitan Development Authority does not confirm ownership or title in favour of the applicant. For planning permission, the authority checks only whether the applicant appears to have a right to develop the site, based on copies of documents such as sale deeds, pattas, lease deeds, gift deeds and general powers of attorney submitted with the application.

The practical effects are:

• A buyer or any person acquiring an interest must independently verify ownership and the applicant's rights.
• A planning permission letter should not be treated as proof of title.
• Anyone claiming a right or title over the property must prove that claim before an appropriate or competent court or settle the matter through a court of law.
• The Chennai Metropolitan Development Authority is not the competent authority to decide ownership disputes.

Who is affected

The changed requirement directly affects planning permission applicants, architects and Chennai Metropolitan Development Authority planning staff handling applications. Property buyers, owners and other interested persons remain responsible for checking title independently, despite the grant of planning permission.