Minutes of the Third Monitoring Committee Meeting Held on 10.01.2007 at 11.00 A.M. in the Conference Hall of CMDA
The High Court Monitoring Committee issued these minutes following its meeting at the Chennai Metropolitan Development Authority on 10 January 2007. The minutes amend the confirmed record of the second meeting and set out decisions on applications to regularise certain buildings, subdivisions and vacant plots under the 1999 regularisation scheme. No order number is stated.
What the minutes cover
The High Court Monitoring Committee recorded decisions concerning unauthorised buildings, subdivisions and vacant plots within the Chennai Metropolitan Area. The committee considered the High Court order dated 23 August 2006 and discussed which regularisation applications could be examined after parts of the extended regularisation arrangements had been declared invalid.
The minutes also modify parts of the confirmed minutes of the committee meeting held on 21 December 2006. One modification says responsibility could be examined provisionally against the owner or planning permission applicant when information about the builder is unavailable. The question of imposing a penalty was left for later.
Who may be affected
The High Court Monitoring Committee's decisions may affect:
- Owners and applicants seeking regularisation of buildings completed on or before 28 February 1999.
- Applicants whose regularisation applications were received up to 30 June 2002.
- Owners of vacant plots in unauthorised layouts or unauthorised subdivisions.
- Applicants whose properties were approved under extended regularisation schemes and may now be examined again.
- Buyers where the landowner or power of attorney holder obtained planning permission and conveyed an undivided share of land directly to the buyer.
Key decisions
The High Court Monitoring Committee resolved or recommended that:
- The criteria suggested by the High Court should be adopted to establish that a building was completed on or before 28 February 1999.
- The 1999 scheme should be followed in full for both standards and fees.
- Applications received up to 30 June 2002 could be considered for buildings constructed, and subdivisions made, on or before 28 February 1999.
- The Chennai Metropolitan Development Authority should inform each applicant individually of the decision on the application.
- Cases approved under extended schemes should be reopened and examined again against the standards of the 1999 scheme.
- Vacant plots in unauthorised layouts or subdivisions could be regularised using 1999 scheme rates based on the applicant's sale deed.
- Demands calculated using rates other than the 1999 scheme rates should be recalculated and communicated to applicants for payment.
The High Court Monitoring Committee also reviewed information on 139 commercial multi-storeyed buildings. It found some records incomplete or incorrect and appointed a subcommittee to recommend changes to the database structure and include additional particulars relating to development control requirements.
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
Can a building constructed after 28 February 1999 be regularised under these minutes?
No such regularisation is supported here. The minutes record that regularisation orders for buildings constructed after 28 February 1999 under the extended provisions stood quashed.
Which regularisation scheme and fees did the committee decide to use?
The High Court Monitoring Committee decided to follow the 1999 scheme in full for both standards and fees.
What happens if my vacant plot demand was calculated using a different rate?
For vacant plots in unauthorised layouts or subdivisions, the minutes say a demand based on rates other than the 1999 scheme rates should be recalculated and communicated to the applicant.
Will applicants receive an individual decision from the Chennai Metropolitan Development Authority?
Yes. The High Court Monitoring Committee decided that the Chennai Metropolitan Development Authority should send each applicant an individual communication about the decision on the application.
