CHENNAI: To prevent encroachment of Open Space Reservation (OSR) land owing to delay in their development by local bodies, the state government may opt to go the Maharashtra way by giving incentives to builders to develop it before transferring the land.
A study commissioned by the Chennai Metropolitan Development Authority (CMDA) states that the key difference between Tamil Nadu and Maharashtra is the mandate for handing over open or amenity space to the authority. In Tamil Nadu, the handover is compulsory, whereas in Maharashtra it is with the consent of the owner. In Maharashtra, the amenity space can be used in many ways, but in Tamil Nadu, it is limited to open space.
There have been many instances of the space being used for parking, dumping waste and also encroachment, according to the detailed technical analysis report by CMDA, which recommends strengthening the Tamil Nadu Combined Development Building Regulation (TNCBDR).
Under this (Maharashtra) model, the space reservation can be classified into ‘amenity space reservation’ or ‘open space’. The developer can develop the OSR and then hand it over to the authority, for which compensation in the form of floor space index or transferable development rights (TDR) equivalent to the land surrendered and cost incurred for developing the OSR can be provided, the report states.
The report also suggests the need for clearer regulations for development of OSR. These include access road, area, shape, usability etc. The study also suggests that the minimum area requirement can be increased from 100 square metres, as it is observed that smaller land pockets cannot be put to any meaningful use. “TNCDBR only prescribes the width of OSR, which is leading to linear strips. Additionally, it should also define the ratio of width to length and minimum angle between the sides to ensure regular shape of the OSR,” the report recommended.
Under sections 41 and 47 of the Tamil Nadu Combined Development Building Regulation, for plots above 10,000 square metres, the 10% OSR needs to be provided as land itself. The minimum area of OSR should be 100 square metres with a minimum dimension of 10m. The Tamil Nadu Combined Development Building Rules was introduced in 2019 as a follow up on the Ministry of Housing and Urban Affairs’ (MoHUA) recommendation to adopt Model Building Bylaws in 2016.