Office Order No. 15/2016, Revised Format of Gift Deed
The Chennai Metropolitan Development Authority, Administration Division, issued Office Order No. 15/2016 dated 27 July 2016, requiring revised gift deed formats to be used henceforth when landowners surrender land for OSR areas, road widening, street alignment or link roads. The formats provide for the land to be gifted free of cost and transferred to the Greater Chennai Corporation or another designated local body for public use, and the order took immediate effect.
What the order changes
The Chennai Metropolitan Development Authority, Administration Division, through Office Order No. 15/2016 dated 27 July 2016, directs its staff to adopt revised gift deed formats for taking over land surrendered by landowners. The revised formats apply to land required for OSR areas, road widening, street alignment and link roads. The office order states that the change takes immediate effect and refers to earlier office orders and Member Secretary orders.
Who may be affected
Office Order No. 15/2016 may affect a landowner or developer who submits a development proposal involving land that must be surrendered for an OSR area, link road, road widening or street alignment. The deed records the donor as the absolute owner and identifies the Greater Chennai Corporation or another local body, represented by the Member Secretary of the Chennai Metropolitan Development Authority, as the donee.
Key provisions in the revised formats
The revised gift deed formats provide that:
- The donor gives, conveys and assigns the specified land in the public interest.
- The Chennai Metropolitan Development Authority obtains the gift and transfers the land compulsorily and free of cost to the designated local body.
- The deed must identify the survey number and other property particulars.
- The deed must state the type and purpose of the proposed development where applicable.
- The land area must be stated in square metres and described in a schedule.
- OSR land must be shown in green in the enclosed OSR sketch.
- Land for road widening, street alignment or a link road must be shown in brown in the enclosed sketch.
- The schedule includes location details such as village, taluk, district, sub-registration district and registration district, as applicable.
- The parties sign the deed in the presence of witnesses.
Regulatory basis
The revised formats state that the Chennai Metropolitan Development Authority is authorised to obtain gifts of OSR land, link road land, road widening land and street alignment land under Annexure XX of its Development Regulations. Those regulations were approved by the Government of Tamil Nadu, Housing and Urban Development Department, through G.O.Ms. No. 190 dated 2 September 2008 and notified in the Tamil Nadu Government Gazette on 2 September 2008.
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Common questions
When must the revised gift deed format be used?
Office Order No. 15/2016 requires the revised format to be used henceforth for gift deeds taking over surrendered land for OSR areas, road widening, street alignment or link roads. The order took immediate effect.
Who receives land surrendered under the revised gift deed?
The land is accepted on behalf of the Greater Chennai Corporation or another designated local body, represented by the Member Secretary of the Chennai Metropolitan Development Authority.
Does the local body pay the landowner for the surrendered land?
No payment is provided in the formats. They state that the land is gifted and transferred to the designated local body free of cost for public use.
How is the surrendered land identified in the sketch?
OSR land is marked in green in the enclosed OSR sketch. Land for road widening, street alignment or a link road is marked in brown.
