said the regularisation of setback violations could not be permitted.Subsequently, in an order dated October 30, 2018, the court clarified that there is no bar for considering the application for regularisation filed under Section 113-A if there is evidence that the building was put up before the cut-off date of February 28, 1999.
7 order, said the regularisation of setback violations could not be permitted.Subsequently, in an order dated October 30, 2018, the court clarified that there is no bar for considering the application for regularisation filed under Section 113-A if there is evidence that the building was put up before the cut-off date of February 28, 1999.
Similarly, a case challenging the Tamil Nadu Combined Development Rules (TNCDR) is pending before the Madurai bench of the Madras High Court, and judges observed that all orders passed under the rule are subject to the outcome of a writ petition. The petition questions the Floor Space Index announced under the rules.
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It would be interesting to see how the new government resolves the issue and cracks down on unauthorised construction, which, at times is regularised by relaxing the land-use plan.As per the regularisation scheme, building owners would be allowed to rectify violations to avoid lock-and-seal action by the government. However, the residents ought to pay regularisation charges based on the size, guideline value and location of the buildings. Several property owners opted to stay away from the scheme due to the high charge. Following this, the government relaxed some conditions, exempting rates for floor space index violations.
Another issue pending is the clearing of the files under the first regularisation scheme, the cut-off date for which was 1999. It is learnt that 20 chief planners have been appointed since 1999 to implement the regularisation scheme but the process is yet to be completed.Meanwhile, the CMDA website has not been activated to receive files under the regularisation scheme. Registrations have been closed and haven’t been activated since the Government Order.
Almost 5 lakh buildings in State violate rules
It is learnt that nearly five lakh buildings in the State violate the building rules and plan. Of them, nearly 1.5 lakh are in the Chennai Metropolitan Area (CMA). Buildings constructed before July 1, 2007 are covered under the scheme
