After 11 years, CMDA processes 1,600 pending files of 1999 regularisation scheme

Chennai:

More than 10 years have elapsed but Chennai Metropolitan Development Authority has yet to clear 1,600 applications submitted under the previous regularisation scheme to regularise unauthorised building built before 1999.

Despite a three month deadline to clear all the pending applications under the 1999 Regularisation Scheme as per Madras High Court order in 2006, the pending files are now being scrutinised by CMDA officials to provide an opportunity for all Section 113-A applicants to apply under the new regularisation policy.

It is learnt that the member secretary of CMDA has given a deadline to officials working in six units of CMDA to process the 1,600 applications withing August 21, 2017.

The 1999 regularisation scheme was implemented by introducing a amendment in 1998 by including a provision Section 113 A under Town and Country Planning Act. Under the amendment, government is empowered, on an application being made by the person affected, to exempt any land or building developed immediately before the date of commencement of this Amending Act, from all or any of the provisions of the Act or Rules or Regulations made thereunder, by collecting regularisation fee at such rate not exceeding Rs.2,000 per square metre.

With the new provision Section 113-C being introduced as an amendment under the Town and Country Planning Act, the unauthorised development built before July 1, 2007 is now being implemented after the government came up with fresh guidelines after the earlier ones were struck down by Madras High Court.

Interestingly, the move by CMDA to process the pending files under the earlier regularisation scheme has been criticised by Madras High Court appointed Monitorig Committee member M G Deivasahayam. Madras High Court had appointed monitoring committee to oversee the implementation of Section 113-A after the frequent amendments by state government to relax the rules for violators under Section 113-A was opposed by civic groups.

Deivasahayam said that processing of pending applications under Section 113-A is a violation of 2006 order. It may lead to contempt of court. As per Para 12 of the judgement, “The Monitoring Committee shall be consulted for applications claiming exemption under section 113-A of the Act.”

“The Monitoring Committee has not been consulted in this regard,” says Deivasahayam.

“Once the files are scrutinised, then as per Madras High Court order, it has to be put before the Monitoring Committee,” said Deivasahayam.

The delay in scrutinising the old files has been a cause of concern among the civic groups who want to fix the responsibility on the officials. “How could the new act be implemented when old files pertaining to earlier regularisation scheme is pending,” reasoned a former planner. Interestingly, CMDA had created a separate section to process the files for regularisation. “While for 11 years the files have been lying undisturbed, now within the next three weeks they would be scrutinised,” observed a former planner. The 1,600 files will be scrutinised by 15 officials.

Deivasahayam, who is opposing the implementation of Section 113-C, which gives lifeline to unauthorised construction built before 2007, says that before implementing the new amendment, the order of earlier High court division bench should have been over-ruled.

“With Supreme Court order stating that Section 113-A is a one time measure, the state should have also appealed against it before introducing the new amendment,” Deivasahayam contended.