Minutes of the 43rd Meeting of the Monitoring Committee Held on 03.01.2012
The Monitoring Committee of the Chennai Metropolitan Development Authority recorded these minutes for its meeting held on 3 January 2012. The minutes address enforcement against unauthorised developments, rejected regularisation cases, the Kodambakkam survey, and representations concerning locked or sealed buildings in Chennai. They include recommendations on when locking and sealing action may proceed and a recommendation to reject a regularisation appeal for commercial portions at Greams Road.
What the minutes cover
The Monitoring Committee of the Chennai Metropolitan Development Authority considered enforcement, regularisation and sealing matters at its meeting on 3 January 2012. The document records committee suggestions and decisions rather than announcing a general approval for any building.
The matters considered included:
- Enforcement action concerning 48 multi-storeyed commercial buildings whose regularisation applications had been rejected and for which demolition notices were issued during 2007.
- Possible further enforcement action in rejected regularisation cases where appeals had been filed or not filed.
- Proposals to improve enforcement against unauthorised developments in the Chennai Metropolitan Area.
- A revised proposal for a Special Task Force.
- Survey information about buildings in Kodambakkam.
- Individual representations involving buildings locked or sealed by the Chennai Metropolitan Development Authority or the Corporation of Chennai.
Enforcement guidance recorded
The Monitoring Committee suggested pursuing action under Section 56 of the Tamil Nadu Town and Country Planning Act in rejected regularisation cases where no appeal to the Government under Section 113-A(6) had been filed within the statutory period after receipt of the rejection order.
Key points were:
- Locking and sealing notices could be issued in such cases where no appeal was filed within the statutory period.
- Buildings could not be locked and sealed while an appeal to the Government under Section 113-A(6) remained pending against rejection of a regularisation application.
Kodambakkam survey
The Monitoring Committee reviewed the Kodambakkam Survey Report supplied by the Corporation of Chennai. It suggested adding information on permissible or approved floor space index, following the format used for the T. Nagar Survey Report.
The committee also called for the report to be finalised immediately. Enforcement by the Corporation of Chennai and the Chennai Metropolitan Development Authority was to follow finalisation, and the updated report was to be placed before the next meeting.
Property-specific decisions
For Door No.152-A, Greams Road, Thousand Lights, the Monitoring Committee recommended rejection of an appeal seeking regularisation of commercial portions on the ground floor and part of the fifth floor. Reasons included missing evidence showing completion by 28 February 1999, later property tax worksheets, and the committee's position that individual commercial portions in a building could not be considered for regularisation.
For New Door No.29, Old Door No.14, Armenian Street, the committee declined to consider de-sealing because an appeal and request for interim relief were pending with the Government.
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Common questions
Can a rejected building be locked and sealed while its regularisation appeal is pending?
The Monitoring Committee stated that a building could not be locked and sealed while an appeal to the Government under Section 113-A(6) was pending against rejection of the regularisation application.
What did the committee decide about the Greams Road regularisation appeal?
The Monitoring Committee recommended rejecting the appeal for commercial portions at Door No.152-A, Greams Road. It cited insufficient evidence of completion by 28 February 1999 and other grounds recorded in the minutes.
Did the committee order enforcement action in Kodambakkam immediately?
The committee asked for the Kodambakkam Survey Report to be finalised first, with permissible or approved floor space index information added. Enforcement by the Corporation of Chennai and the Chennai Metropolitan Development Authority was to be pursued after finalisation.
Do these minutes approve de-sealing of the Armenian Street building?
No. The Monitoring Committee declined to consider de-sealing because the petitioner had already filed an appeal and an application for interim relief with the Government, and they were pending.