CHENNAI: For the last 10 years, a majority of schemes announced by the Chennai Metropolitan Development Authority (CMDA), including the second-regularisation scheme, have been facing legal hurdles. Now, it remains to be seen how the new DMK government will overcome these hurdles. S Muthusamy, who took charge as the Minister for Housing and Urban Development on Friday, will be reviewing various projects and schemes of the CMDA. An important one is the regularisation scheme, which was rolled out on June 22, 2017, by amending the Tamil Nadu Town and Country Planning Act, 1971.
Illegal constructions
According to sources, the State has nearly five lakh buildings constructed in violation of building rules and plans. Of this, nearly 1.5 lakh are in the Chennai Metropolitan Area (CMA). Buildings constructed before July 1, 2007, are covered under the regularisation scheme. The regularisation applications were kept in abeyance after the Madras High Court, in its September 27, 2017 order, said that the regularisation of setback violations could not be permitted. This was in response to a petition filed by one D Hari.
Another major issue is the case challenging the Tamil Nadu Combined Development Rules (TNCDR). This is pending at the Madurai Bench of Madras High Court. The judges there had observed that all orders passed under the rule were subject to the outcome of a writ petition. The petition had challenged the Floor Space Index announced under the rules. Currently, approvals are accorded with an official stamp stating, ‘Approval is accorded subject to the outcome of writ petition No 8948 of 2019’. This has sparked concern among many developers and builders.
CMA expansion
Another pending project is the expansion of the Chennai Metropolitan Area (CMA). The envisaged CMA encompasses the whole of Chennai, Thiruvallur, and Kancheepuram districts, and the Arakkonam taluk of Vellore district. A petition questioned the expansion. It stated that the State was unable to implement the Tamil Nadu Town and Country Planning Act of 1971 effectively even within the existing metropolitan area. The issue is yet to be sorted out legally.Meanwhile, officials are struggling to clear files received under the first regularisation scheme, the cut-off date of which was 1999. Twenty chief planners were appointed since 1999 to implement the regularisation scheme, but the process is yet to be completed.
Unfilled posts
The post of vice-chairman of CMDA has been lying vacant for the past ten years. The post, if filled, can bring in checks and balances in the functioning of the department, according to sources. Even special members, including local councillors, were not represented in the CMDA. Other recruitment in the CMDA has also landed in a legal mire.
The new government may also focus on speeding up the functioning of the Chennai Unified Metropolitan Transport Authority (CUMTA). Various options, including a two-tier governing board, is being chalked out by the consultant company, Deloitte. The consultant was engaged by the World Bank to flesh out a viable structure after conducting meetings with various stakeholders, sources said.
The focus will also be on the preparation of a third master plan that will have a long-term vision for desirable urban development of CMA. The second master Plan has been a bone of contention. Builders, planners, and academicians have faulted the second master plan, which hardly has been reviewed since it was implemented in 2010.
Preserving heritage
The Heritage Conservation Committee (HCC) report is also pending. The Tamil Nadu Heritage Commission Act came into being nearly nine years ago and the delay to implement it has cast a shadow on preserving the rich heritage of the state. The failure to constitute a statutory authority under the Act that will advise the government on heritage issues has put to test the legitimacy of the list submitted by the CMDA.
5 lakh buildings violating norms
According to sources, the State has nearly five lakh buildings constructed in violation of building rules and plans. Of this, nearly 1.5 lakh are in the Chennai Metropolitan Area
Third master plan
The focus will also be on the preparation of a third master plan that will have a long-term vision for desirable urban development of Chennai Metropolitan Area. The second master Plan has been a bone of contention. Builders, planners, and academicians have faulted the second master plan, which hardly has been reviewed since it was implemented in 2010