Minutes of the 32nd Meeting of the Monitoring Committee Held on 20.06.2008
The Monitoring Committee of CMDA issued these meeting minutes on 20 June 2008, recording decisions on building regularisation cases, Completion Certificates, enforcement against unauthorised construction and action involving erring builders and officials. The committee deferred decisions on individual regularisation cases pending a proposed clarification petition before the High Court, accepted the Airport Authority of India procedure for processing Completion Certificate applications and called for stronger enforcement by local bodies.
What the minutes cover
The minutes of the 32nd meeting of the Monitoring Committee of CMDA record discussions and decisions concerning Special Buildings, Multi-storeyed Buildings, Completion Certificates and unauthorised or deviated construction within the Chennai Metropolitan Area.
The Monitoring Committee considered legal advice on a High Court order dated 30 April 2008 and a Supreme Court order dated 14 December 2007. The Supreme Court direction required the existing position to be maintained and prevented regularisation orders until further orders. The committee proposed filing a clarification petition before the High Court.
Decisions on regularisation cases
The Monitoring Committee did not decide the individual Special Building and Multi-storeyed Building regularisation cases placed before it. It decided that those cases could be considered after the outcome of the proposed clarification petition before the High Court.
The Monitoring Committee also felt that the High Court should be informed that time-bound court directions concerning individual regularisation cases were not being considered because of the Supreme Court direction.
Completion Certificates and airport requirements
The Monitoring Committee recorded the Airport Authority of India position on Completion Certificates for Multi-storeyed Buildings:
- Height restrictions in the Airport Authority of India no objection certificate issued when Planning Permission was granted were the relevant consideration for a Compliance Certificate or Completion Certificate.
- Obstruction markings and red aviation obstruction lights had to be provided with uninterrupted power supply.
- CMDA was to process Completion Certificate applications in line with the Airport Authority of India suggestions.
- An analysis of violations or deviations in rejected or returned Completion Certificate applications was requested for the next meeting.
Enforcement and responsibility
The Monitoring Committee recorded that CMDA had delegated enforcement powers to the Corporation of Chennai and other local bodies within the Chennai Metropolitan Area. Approved plans and Planning Permits were sent to local bodies, and construction could not begin without a Building Permit from the relevant local body.
Key enforcement points included:
- Local bodies were identified as responsible for enforcement and demolition.
- CMDA, the Corporation of Chennai and other local bodies were asked to prepare an action plan against illegal and unauthorised construction.
- Relevant local government commissioners and directors were to be invited to the next meeting.
- A subcommittee was constituted to decide on heavy penalties against erring builders.
- Reports on action taken against responsible officials were requested for the next meeting.
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Common questions
Did the Monitoring Committee approve any individual building regularisation cases?
No individual cases covered by the relevant agenda items were decided. The Monitoring Committee deferred them until the outcome of a proposed clarification petition before the High Court.
What Airport Authority of India conditions apply when seeking a Completion Certificate?
The minutes state that the height restrictions in the Airport Authority of India no objection certificate issued at the Planning Permission stage were the relevant consideration. Obstruction markings and red aviation lights with uninterrupted power supply were also required.
Can construction begin after CMDA grants Planning Permission?
Not on Planning Permission alone. The minutes state that no construction, including a Special Building or Multi-storeyed Building, can begin without a Building Permit from the relevant local body.
Who is responsible for action against unauthorised buildings?
The Monitoring Committee identified the Corporation of Chennai and other local bodies within the Chennai Metropolitan Area as responsible for enforcement and demolition. It also called for CMDA and the local bodies to prepare an action plan against illegal and unauthorised construction.
