C Shivakumar
Chennai:
Chennai Metropolitan Development Authority is now seeking approval from the public for framing guidelines to exempt unauthorised constructions built before July 1, 2007 under Section 113-C of Town and Country Planning Act recommended by Justice S Rajeswaran Committee.
Once the recommendations of Justice Rajeswaran Committee is scrutinised by the public on or before November 30, then Chennai Metropolitan Development Authority would incorporate the suggestions and frame the guidelines to incorporate Section 113-C of Tamil Nadu Town and country Planning act which will legalise unauthorised buildings built before July 1, 2007.
The committee has come out with fresh recommendations for framing guidelines for Section-113 C of Town and Country Planning Act after a Madras High Court ordered that important aspects for giving proper effect to the amendment has not been taken into proper consideration while framing earlier guidelines and rules.
Sources feel once the guidelines are framed then it also has to get the approval of Madras High Court appointed Monitoring Committee.
Monitoring Committee has opposed the implementation of Section 113-C stating that it is one time affair and it has already been granted by exempting illegal building built before 1999.
It is learnt that the Rajeswaran committee has deliberated on the significance of floor space index, setback spaces and other parameters so as to arrive at the extent that could be made without straining the infrastructure facilities such as road, water supply, sewerage system, electricity and without compromising safety requirements.
Rajeswaran committee has recommended that the guidelines would take into account the current development regulations, which came into force after the Second Master Plan came into being rather than the Development Control Regulations prevalent as on July 1, 2007 cut off date to exempt buildings built before it.
The recommendations could also legalise developments in Red hills catchment area subject to safeguards prescribed by Metro Water, developments in a site withing 15 metres from the water body subject to Public Works Department conditions, developments within 500 metre radius from the boundary of reserve forest in directorate of town and country planning subject to no objection certificate from forest department.
The guideline also stipulates that where the construction is made in land use zoning which is incompatible to the land use, the applicant cannot make any additional construction and has to give an undertaking to this effect.
The guideline also states that if the applicant withdraws his application filed under regularisation scheme 113-A (earlier regularisation scheme) can apply fresh under Section 113 C and the regularisation fee already paid under Section 113-A will be adjusted.
Factfile:
1. Section 113 C an amendment to Town and Country Planning Act will legalise unauthorised constructions built before July 1, 2007.
2. The act and guidelines framed in 2012 was challenged in Madras High High court
3. High Court on February 2014 upheld the power of state to amend Section 113 C but said the relevant aspects for giving proper effect to amendment not taken into consideration while framing guidelines.
4. New commitee under under chairmanship of former madras High court judge Rajeswaran was constituted on November 8, 2014 comprising of members of DTCP, CMDA and School of Architecture to frame guidelines for effective implementation of Section 113- C.
5. The commitee met 40 times and deliberated various aspects of exempting the buildings from the rule provisions, practices in other states, need for certification by professionals, fire safety, planning and other parametres etc.
ReplyDeleteHey, nice site you have here! Keep up the excellent work!
Packers and Movers Redhills
If this is so, even a murder, dacoity and rape can be pardoned by receivin a certain sum. If this is not bribery then what is bribery.
ReplyDelete