Unauthorised construction: 255 flats on Tamilnadu government land - Buyers very Beware
The Tamilnadu capital Chennai Virugambakkam (on Reddy Street) a big residential complex of nearly 255 apartments. It has been deemed an “unauthorised construction” by the Madras high court after the Chennai Corporation refused to grant a permit saying it was built on government land.
The same time the promoter had approval from the CMDA (Chennai Metropolitan Development Authority ), the state government apex planning agency, the corporation told the court that the land was classified as “Grama Natham” “Grama Natham” means common village land and could not be used for private construction.
The property developed by Chennai T. Nagar based Kences Constructions Private Limited through a power of attorney dated December 14, 2000, executed by South India Corporation Agencies Limited. Kences Constructions Private Limited had obtained a planning permit from CMDA for the construction of a 4 storey building, spread over 9 blocks, in the year 2006. In 2007, the corporation commissioner wrote to the Chennai District collector, saying the land included a part of community ( village land) that belonged to the government. The civic body rejected the grant of building permit on these grounds.
The Chennai corporation Said the court that the patta (property title) was erroneously issued and that they had written to the Chennai district collector for cancellation. According to Chennai corporation officials the entire construction of 256 dwelling units on the land had been carried out without obtaining a building permit. Directing the state government and its revenue officials to protect village land from being misused, particularly for commercial purposes, the division bench allowed the writ petition. However, there may be a silver lining for the occupants of the 256 flats as Chennai Corporation officials told they would not do anything to disturb them.
One of the senior officer of Chennai Corporation Said “ Corporation will follow due process of law against the builder and promoter for constructing an illegal building.”
The Tamilnadu capital Chennai Virugambakkam (on Reddy Street) a big residential complex of nearly 255 apartments. It has been deemed an “unauthorised construction” by the Madras high court after the Chennai Corporation refused to grant a permit saying it was built on government land.
The same time the promoter had approval from the CMDA (Chennai Metropolitan Development Authority ), the state government apex planning agency, the corporation told the court that the land was classified as “Grama Natham” “Grama Natham” means common village land and could not be used for private construction.
The property developed by Chennai T. Nagar based Kences Constructions Private Limited through a power of attorney dated December 14, 2000, executed by South India Corporation Agencies Limited. Kences Constructions Private Limited had obtained a planning permit from CMDA for the construction of a 4 storey building, spread over 9 blocks, in the year 2006. In 2007, the corporation commissioner wrote to the Chennai District collector, saying the land included a part of community ( village land) that belonged to the government. The civic body rejected the grant of building permit on these grounds.
The Chennai corporation Said the court that the patta (property title) was erroneously issued and that they had written to the Chennai district collector for cancellation. According to Chennai corporation officials the entire construction of 256 dwelling units on the land had been carried out without obtaining a building permit. Directing the state government and its revenue officials to protect village land from being misused, particularly for commercial purposes, the division bench allowed the writ petition. However, there may be a silver lining for the occupants of the 256 flats as Chennai Corporation officials told they would not do anything to disturb them.
One of the senior officer of Chennai Corporation Said “ Corporation will follow due process of law against the builder and promoter for constructing an illegal building.”
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