CHENNAI: More than 10 years have elapsed, but Chennai Metropolitan Development Authority is yet to clear 1,600 applications submitted under a previous scheme to regularise unauthorised buildings built before 1999.
Despite a Madras High Court order in 2006 giving authorities a three-month deadline to clear all the pending applications under the 1999 regularisation scheme, the files are only now being scrutinised by CMDA 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 the body to process the 1,600 applications within August 21.
For the 1999 scheme, an amendment (Section 113-A) had been made to the Town and Country Planning Act. Under the regulation, the government is empowered, “on an application being made by the person affected, to exempt any land or building developed 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 a rate not exceeding `2,000 per square metre.”
With a new provision, Section 113-C being introduced, officials have begun working on the old applications.
Interestingly, the move has been criticised by Madras High Court-appointed monitoring committee member MG Deivasahayam. The HC had appointed a monitoring committee to oversee the implementation of Section 113-A, after frequent amendments by State government to relax the rules for violators under Section 113-A, were opposed by civic groups.
Deivasahayam said processing of pending applications under Section 113-A is a violation of the 2006 order. It may lead to contempt of court. “As per Para 12 of the judgement, the monitoring committee should have been consulted for applications claiming exemption under section 113-A of the Act. But we have not been consulted,” says Deivasahayam.
The delay in scrutinising the old files has been a cause of concern among the civic groups, who fix the responsibility on officials. “How could the new act be implemented when old files pertaining to earlier regularisation scheme are pending,” reasoned a former planner. Interestingly, CMDA has created a separate section to process the files for regularisation. “For 11 years, the files lay undisturbed. Now, within the next three weeks, they would be scrutinised,” the ex-planner added.
The 1,600 files will be scrutinised by 15 officials of the CMDA, sources said.
Monitoring panel member wants HC nod
Madras High Court-appointed monitoring committee member MG Deivasahayam, who is opposing the latest amendment (Section 113-C), says before implementing the new law, the order of an earlier High Court division bench should be overruled. “With the Supreme Court stating that Section 113-A is a one-time measure, the state should have also appealed against it,” he contended.