official guidance

G.O.Ms.No.141, Transfer of Development Rights Amendment, 2009

The Housing and Urban Development (UD I) Department issued G.O.Ms.No.141 on 6 August 2009, amending the Development Regulations in the Second Master Plan for Chennai Metropolitan Area, 2026. The amendment authorises the Chennai Metropolitan Development Authority to formulate guidelines and decide principles and parameters for implementing Transfer of Development Rights, subject to Annexure XXI of the Development Regulations.

Category
CMDA orders
Pages
3
Status
In force
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Purpose

The Housing and Urban Development (UD I) Department issued G.O.Ms.No.141 on 6 August 2009 to vary the Second Master Plan for Chennai Metropolitan Area, 2026. The change concerns the implementation of Transfer of Development Rights under the Development Regulations that form part of the approved master plan.

The Second Master Plan had already included a provision for Transfer of Development Rights in regulation 9. The Member Secretary of the Chennai Metropolitan Development Authority informed the Government that guidelines were needed for effective implementation. The Chennai Metropolitan Development Authority approved the proposal through its resolution dated 22 October 2008 and forwarded the proposed approach to the Government.

What the amendment does

G.O.Ms.No.141 adds a new sub-regulation after sub-regulation (3) in regulation 9 of the Development Regulations for Chennai Metropolitan Area. The added provision states that the Chennai Metropolitan Development Authority may:

  • Formulate necessary guidelines for implementing Transfer of Development Rights.
  • Decide the principles to be followed for implementation.
  • Decide the parameters to be followed for implementation.
  • Exercise these functions subject to the regulations in Annexure XXI.

G.O.Ms.No.141 does not itself set out the detailed guidelines, principles or parameters. It gives the Chennai Metropolitan Development Authority authority to formulate and decide them within the limits of Annexure XXI.

Who may be affected

The amendment is relevant to property owners, buyers, developers and professionals dealing with Transfer of Development Rights within the Chennai Metropolitan Area. Any implementation guidelines or parameters framed by the Chennai Metropolitan Development Authority must be considered together with the Transfer of Development Rights provisions in regulation 9 and Annexure XXI.

The document does not specify a Transfer of Development Rights rate, fee or calculation method.

Legal and publication steps

The Government approved the variation using powers under the Tamil Nadu Town and Country Planning Act, 1971. The appended notification records the formal addition to the Development Regulations.

The Works Manager of the Government Central Press was directed to publish the notification in the next issue of the Tamil Nadu Government Gazette. Copies were also sent to the Chennai Metropolitan Development Authority, the Commissioner of Town and Country Planning and the Corporation of Chennai.

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

Does G.O.Ms.No.141 create detailed Transfer of Development Rights guidelines?

No. G.O.Ms.No.141 authorises the Chennai Metropolitan Development Authority to formulate necessary guidelines and decide principles and parameters, subject to Annexure XXI.

Does this amendment apply outside the Chennai Metropolitan Area?

The document varies the Development Regulations for the Chennai Metropolitan Area under the Second Master Plan for Chennai Metropolitan Area, 2026. It does not state that the amendment applies outside that area.

Does G.O.Ms.No.141 specify any Transfer of Development Rights rate or fee?

No rate or fee is stated in the document. The amendment only provides authority to formulate guidelines and decide implementation principles and parameters.

Where in the Development Regulations was the new provision added?

The new provision was added in regulation 9 after sub-regulation (3), as sub-regulation (4). It remains subject to the regulations in Annexure XXI.