Regularisation of plots
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
There has been a recent scheme to regularise unapproved layouts by paying a fee for regularisation. Since unapproved plots were sold at a low price and as many are partly sold, what is the role of the developer with respect to unsold plots? If he pays the requisite charges, what is the status of payment by those who have already registered?
The Government of Tamil Nadu, has on 4.5.2017, notified The Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules 2017. The rules provide for regularisation of unapproved layouts/plots which satisfy the criteria as stipulated therein. Rule 5 provides for compulsory application by the individual plot owners and layout promoters, for regularisation, within six months from the date of commencement of the rules. The application for regularisation can be made by the individual plot owners and an application for regularisation of unapproved layouts can also be made the layout promoter/registered cooperative society/association of plot holders in an unapproved layout, where more than two thirds of the total number of plots in the layout have been sold before the cut off date that is 20.10.2016. However, an application for regularisation of individual plots will be considered only after ‘in principle approval’ of the layout framework is issued by the competent authority.
There is a website for lodging the applications, http://tnlayoutreg.in/Home.aspx and the application can be made, by effecting payment of the sum specified for filing the same. If `in principle approval’ for regularisation is granted, three charges are payable for regularisation, namely, regularisation charge, development charge and charges for open space reservation area, which will be calculated based on the location of the plot.
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