Tamilnadu: Madras High Court Bans The Registration of Unapproved
Plots of Land..!
Mr. G. Shyam Sundar, Advocate
The recent order of the
Madras High Court banning the registration of plots and houses in unapproved
housing layouts as well as the conversion of agricultural land for
non-agricultural use in an unplanned manner across Tamil Nadu is a welcome and
timely initiative.
The order will help in
the preservation of the environment and minimise flooding of rivers to a large
extent.
Panchayat-approved..!
In Tamil Nadu, unapproved layouts have been
formed on agricultural lands and sold as housing plots in the guise of
panchayat-approved layouts.
Layout developers get a
gift deed registered in the name of the panchayat, surrendering common areas
earmarked for roads, parks, and use this to falsely claim that they are
approved housing sites. Village panchayat presidents do not have the power to
sanction plot layouts.
Rule 3 of Tamil Nadu
Panchayat Building Rules 1997 states that “No owner or other persons shall
layout a street, lane, passage or pathway or sub-divide or utilise the land or
any portion or portions of the same on the site or sites for building purposes
until a layout plan has been approved by the Executive Authority who shall get
prior concurrence of the Director of Town and Country Planning or his
authorised Joint Director or Deputy Director of Town and Country Planning for
such approval”.
DTCP Circular
No.9862/10BA1 dated 14.06.2010 clearly mentions the powers of a panchayat
president in sanctioning layout, building approvals only for approved plots. It
states that they will not have any power to sanction approvals for unauthorised
layouts.
 |
| G Shyam Sunder, Advocate, Chennai |
Agricultural lands
Unlike Tamil Nadu where
agricultural lands can be easily sold as unapproved layouts, in Kerala and
Karnataka agricultural land cannot be used for non-agricultural purposes
without fulfilling the rigid conditions for land conversion.
Under Section 95 of the
Karnataka Land Revenue Act, 1964, agricultural land can be converted into
non-agricultural land after meeting certain criteria. Likewise, under the
Kerala Conservation of Paddy Land and Wetland Act, 2008, reclamation of land is
possible only under exceptional circumstances.
In Karnataka, only an
agricultarist can purchase an agricultural land.
The recent order by the High Court, however,
will cause a stir. The Government was party to the transactions of unapproved
layouts. Why did the DTCP remain silent and who is accountable for the many
projects people have invested in?
Hence The Government should come with a
solution to accord post facto approvals for earlier unapproved layouts on a
case-by-case basis.
The writer
Mr. G. Shyam Sundar is a Chennai-based advocate and author of ‘Property Registration, Land Records and Building Approval Procedures Followed in Various States in India’
G.Shyam Sunder, AdvocateOld No.63, New No.12, Flat No.3,First Floor, Navarathna ApartmentsSecond Main Road, R.A.Puram,Chennai – 600 028Ph: 044-24936193, 98411 36901
E Mail id : shyam@propertylandrecords.in,
g_shyam_sunder@yahoo.com
Professional Services rendered by the Author (G.Shyam Sunder, Advocate) are as follows:
- Scrutiny of title deeds for any kind of Property located in the State of Tamil Nadu and Puducherry (UT) and rendering legal opinion
- Drafting and Registration of Sale Deed, Sale Agreement, Settlement Deed, Release Deed, Power of Attorney etc in any Sub Registrar Offices located in the State of Tamil Nadu and Puducherry (UT)
- Ascertaining the genuineness of title deed documents and land documents
- Handling Civil Suits in Madras High Court and City Civil Court, Chennai
- Registration and Incorporation of Companies, LLP’s, Firms, Trusts etc with the concerned Government authorities
- Scrutiny of title deeds for any kind of Property located in the States of Kerala, Andhra Pradesh, Telangana and Karnataka (Scrutiny will be done by respective associates in these states)
- Obtaining Patta from Taluk Offices mainly for Properties Situated in and around Chennai
- Filing of Balance Sheets and Annual Returns with Registrar of Companies
Apart from the above, G.Shyam Sunder is also in the Panel of Advocates in many Nationalised Banks and also in Axis Bank for Chennai.
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