Revised Procedure for Taking Over OSR Land
The Chennai Metropolitan Development Authority, through its Member-Secretary, issued a revised procedure for registering, taking possession of and recording OSR land connected with planning applications for Special Buildings, Group Development and Multi Storeyed Buildings. The procedure takes immediate effect and supersedes Office Order No. 8/2010, dated 31 August 2010, although the supplied copy does not show the number or date of the revised order.
What the procedure governs
The Chennai Metropolitan Development Authority uses registered gift deeds to take over OSR spaces before granting Planning Permission for Special Buildings, Group Development and Multi Storeyed Buildings. For layouts and subdivisions involving roads, local bodies are asked to take over OSR spaces by registered gift deed and send the relevant division a copy of the deed and a possession report.
The revised procedure replaces Office Order No. 8/2010, dated 31 August 2010, with immediate effect.
Who is affected
The Chennai Metropolitan Development Authority procedure affects applicants who must transfer OSR space as part of a planning application. It also assigns responsibilities to Deputy Planners, Unit Heads, the Member-Secretary, the Assistant Planner (M2), division heads, local bodies and Revenue Authorities.
Applicants must ensure that every person who has rights over the property signs the gift deed. Before possession is taken, the applicant must demarcate the OSR space and at least fence its boundaries.
Registration and possession process
The revised Chennai Metropolitan Development Authority process requires:
- The Deputy Planner to prepare a skeleton plan showing the location and dimensions of the OSR space.
- The relevant Senior Planner or Chief Planner to approve communication of that plan to the applicant.
- The applicant to submit a gift deed typed on stamp paper and duly signed by everyone entitled to gift the property.
- The relevant division to check the gift deed, obtain the Member-Secretary's signature and send the original to the Assistant Planner (M2), Area Plans Unit.
- The Assistant Planner (M2) to submit the document to the Sub-Registrar Office, obtain registration and forward the registered document to the relevant division head.
- The Assistant Planner (M2) to retain a copy and take physical possession of the OSR space in the registered shape and dimensions, free from structures.
Records and later transfer
The Assistant Planner (M2) must maintain a register recording gift deed details, site extent, possession date and Planning Permission approval details. An extract must be submitted to the Member-Secretary every month.
OSR spaces taken over by the Chennai Metropolitan Development Authority must periodically be transferred to the relevant local body. Revenue Authorities must be asked to change the Patta or revenue records into that local body's name, with further follow-up by the local body.
The procedure normally also applies to regularisation applications. Where the Government has allowed Planning Permission subject to stated conditions, those conditions apply instead.
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Common questions
Do I need to fence the OSR land before the Chennai Metropolitan Development Authority takes possession?
Yes. The applicant must demarcate the OSR space and at least fence its boundaries before physical possession is taken.
Who registers the OSR gift deed for a Special Building, Group Development or Multi Storeyed Building?
The Assistant Planner (M2) submits the signed document to the Sub-Registrar Office on behalf of the Member-Secretary, obtains the registered document and forwards it to the relevant division head.
Who takes over OSR space in a layout or subdivision involving roads?
The relevant local body is requested to take over the OSR space through a registered gift deed. It must forward a copy of the registered deed and a possession report to the relevant division.
Will the Patta or revenue records remain in the Chennai Metropolitan Development Authority's name?
The procedure requires Revenue Authorities to be asked to change the Patta or revenue records into the relevant local body's name after the OSR land is transferred to that local body.