Noting that any attempt to dilute the ban on registration of unauthorised layouts and buildings across the State would take the issue back to square one, the Madras High Court has once again refused to lift the ban.
The First Bench of Chief Justice S.K. Kaul and Justice M. Sundar made the observation when advocates representing real estate developers sought the court to relax the ban at least in respect of registration of buildings already constructed in the unauthorised layouts.
As the Advocate General requested more time for finalisation of Rules regarding categorisation of lands, the Bench posted the plea to February 27 for further hearing.
It has been four months since the court banned registration of unauthorised plots, layouts and buildings in the State.
The issue pertains to a Public Interest Litigation moved by advocate Elephant G. Rajendran seeking direction to the government to forebear giving approval or permission to convert agricultural lands into layouts, and consequently forebear the registration authorities from registering such properties.
Regularisation scheme
During the hearing on Monday, Mr. Rajendran filed his additional submission suggesting a scheme to regularise such unauthorised layouts and properties.
Asserting that agricultural lands converted to plots cannot be allowed to be regularised for whatever reasons, Mr. Rajendran said, “As far as non-agricultural lands are concerned, regularisation can be allowed if the 10% common area, which is mandatory in layouts, are retrieved and the developers are made to pay ₹20 lakh per layout towards development charges.” He further made it clear that if such a scheme is considered, it must be implemented as per the guidelines set out by the Directorate of Town and Country Planning (DTCP).
The First Bench of Chief Justice S.K. Kaul and Justice M. Sundar made the observation when advocates representing real estate developers sought the court to relax the ban at least in respect of registration of buildings already constructed in the unauthorised layouts.
As the Advocate General requested more time for finalisation of Rules regarding categorisation of lands, the Bench posted the plea to February 27 for further hearing.
It has been four months since the court banned registration of unauthorised plots, layouts and buildings in the State.
The issue pertains to a Public Interest Litigation moved by advocate Elephant G. Rajendran seeking direction to the government to forebear giving approval or permission to convert agricultural lands into layouts, and consequently forebear the registration authorities from registering such properties.
Regularisation scheme
During the hearing on Monday, Mr. Rajendran filed his additional submission suggesting a scheme to regularise such unauthorised layouts and properties.
Asserting that agricultural lands converted to plots cannot be allowed to be regularised for whatever reasons, Mr. Rajendran said, “As far as non-agricultural lands are concerned, regularisation can be allowed if the 10% common area, which is mandatory in layouts, are retrieved and the developers are made to pay ₹20 lakh per layout towards development charges.” He further made it clear that if such a scheme is considered, it must be implemented as per the guidelines set out by the Directorate of Town and Country Planning (DTCP).