Minutes of the Fourth Monitoring Committee Meeting Held on 23.01.2007 at 3.00 P.M. in the Conference Hall of CMDA

What the minutes cover

The High Court Monitoring Committee considered enforcement of planning and building permission requirements, responsibility for enforcement failures, completion certificates and utility connections. It also approved modifications to a status report intended to be filed before the High Court on 29 January 2007.

The minutes affect building owners and applicants whose properties require inspections, compliance certification, completion certification or electricity, water and sewer connections.

Enforcement of unauthorised construction

The High Court Monitoring Committee confirmed the minutes of its third meeting, with a replacement text concerning responsibility for enforcement failures.

Key points recorded were:

• Officials explained the procedures for detecting unauthorised buildings and serving notices.
• Enforcement could take longer because applicants may seek planning approval, appeal to the Government or obtain court stays against notices.
• CMDA stated that issuing a notice promptly after inspection should show that officers had acted, even if later legal procedures delayed enforcement.
• CMDA reported that having only four inspecting officers restricted its ability to identify unauthorised construction throughout its area.
• The High Court Monitoring Committee deferred a decision on responsibility at different levels in CMDA, Chennai Corporation and local bodies pending careful examination.
• The committee considered that the wider enforcement system and systems used in other states should be reviewed.

Compliance and completion certificates

The High Court Monitoring Committee decided that a new system should identify applicable laws, inspection parameters, relevant building categories and the agency responsible for issuing a compliance certificate. The new system was intended to apply from 23 August 2006, the date of the High Court order, but the minutes state that the details still required finalisation.

The High Court order quoted in the minutes made electricity, water connection and occupation dependent on certification that a building complied with its planning permit and other applicable laws. It also placed personal responsibility on the certifying officer.

Interim process for utility connections

Around 100 applications for water and sewer connections were recorded as pending because compliance certificates had not been furnished. Some electricity connection applications were also pending.

As an interim measure, the High Court Monitoring Committee directed the Electricity Board, Fire and Rescue Services Department, Traffic Police, CMDA and Chennai Corporation or relevant local bodies to inspect waiting buildings within the next two weeks. The inspections were to check compliance with conditions imposed when planning permission was granted. Based on compliance certificates from these agencies, CMDA would issue the completion certificate.

Residential buildings

The High Court Monitoring Committee noted the need to consider less stringent measures for residential multi-storyed buildings and special buildings. The minutes do not record any final measures under this item.