Office Order No.12/2011, Planning Permission Application Scrutiny for Right to Make Proposed Development and Sub-division Aspects
The Chennai Metropolitan Development Authority (Administration Division) issued Office Order No. 12/2011, dated 16 September 2011, to confirm guidelines for scrutinising Planning Permission Applications. It requires checks on the applicant’s right over the property, the site’s approval or sub-division status, and the supporting ownership and revenue documents, with immediate effect.
Purpose
The Chennai Metropolitan Development Authority uses Office Order No. 12/2011, dated 16 September 2011, to guide scrutiny before a proposed building, development or layout is examined against planning parameters. The initial scrutiny establishes whether the applicant has a right over the site and whether the site is approved or can be considered for approval.
Who it affects
Office Order No. 12/2011 affects people applying to the Chennai Metropolitan Development Authority for planning permission. It is particularly relevant where a plot is in an unapproved layout, results from an unauthorised sub-division, is claimed as ancestral property, or requires proof that it existed before 5 August 1975.
Main checks
The Chennai Metropolitan Development Authority must examine:
- A document establishing the applicant’s right over the property.
- Patta with the Field Measurement Book sketch, or the Permanent Land Register or Town Survey Land Register extract in the present owner’s name.
- Chitta and adangal additionally for layout applications.
- Whether the site is within an approved layout or sub-division, or has previously received construction approval.
- Whether an otherwise unapproved site existed before 5 August 1975.
- Whether a plot in an unapproved layout existed before 31 December 1989 and can be considered for regularisation, subject to applicable conditions and charges.
- Whether an unauthorised sub-division complies with Development Regulations, including requirements affecting the remaining plots and structures.
Supporting documents
For an approved layout or site, the applicant must provide an attested approved plan or an attested approved building plan, together with ownership and parent documents linking the first sale to the present owner.
For a site claimed to have existed before 5 August 1975, evidence may include a sale deed, patta, Town Survey Land Register extract or another registered document dated before that date, followed by link documents to the present transfer.
For ancestral property without a past sale, settlement or other transaction, the present owner’s patta, Permanent Land Register or Town Survey Land Register extract may be accepted with a certificate from a Revenue authority not below Deputy Tahsildar. Separate older evidence is still required to establish existence before 5 August 1975.
Revenue records must be attested by a Revenue Official not below Deputy Tahsildar. Other documents must be attested by a Notary Public or Advocate Notary.
Agricultural land now proposed for conversion into development sites does not require scrutiny of whether it existed before 5 August 1975, because agricultural sub-division does not attract the stated planning law provision.
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
What ownership records must I provide with a planning permission application?
You must provide a document establishing your right over the site, along with patta and the Field Measurement Book sketch, or a Permanent Land Register or Town Survey Land Register extract in the present owner’s name. Layout applications also require chitta and adangal.
Can ancestral property be supported without an old sale deed?
Yes. Where no sale, settlement or other transaction has occurred, the present owner’s patta, Permanent Land Register or Town Survey Land Register extract may be accepted with a certificate from a Revenue authority not below Deputy Tahsildar confirming the ancestral devolution and possession.
Can CMDA object because link documents do not include a death certificate or legal heir certificate?
Office Order No. 12/2011 says that this absence cannot be raised as an objection during Planning Permission Application scrutiny where the registered transactions are linked. Patta, Permanent Land Register or Town Survey Land Register extract in the present owner’s name must still be ensured.
Must agricultural land proposed for development be proved to have existed before 5 August 1975?
No. Office Order No. 12/2011 says that this scrutiny does not arise where agricultural land has been purchased and is now proposed for conversion into development sites.
