Layout Approved by DTCP? Or PU?
I have
been asked many times by many persons over mail, phone and in person what is
the difference between Approval [of plots] by DTCP and Panchayat Union [PU]?
What is the validity of PU approval?
Somebody
say unapproved layouts are simply called panchayat approved as a selling
technique. Someone says panchayt can approve layout but it has validity for 3
years from the day of approval.
Most of
persons have got confused idea about these panchayat union approved plots.
Hence, I want to throw some light over this matter of approval which itself
becomes an article.
First let
us consider who is/ are authorized to sanction or approve the formation of
residential layout.
The city
of Chennai and its outskirt area are under the jurisdiction of CMDA, formerly
MMDA. Remaining parts of Tamil Nadu are covered by DTCP, which has its regional
offices at various parts of the state.
The
layout within the territorial jurisdiction of regional offices [when the total
area of layout is less than 10 acres in rural and 5 acres in urban locations]
are dealt by these regional offices of DTCP. The larger layouts are dealt by head
office of DTCP at Chennai.
Procedure for approval
The
application for approval of layout is received by the local body. Local body
means corporation, municipality, town panchayat, panchayat union, etc.
The local
body shall scrutinize the application and forwarded to DTCP with its
recommendations for technical approval and planning permission.
The DTCP
may technically approve, modify or reject the layout and send the same to the
local body, which shall accord its final
approval. Thus the applicant shall get the layout approved by and from
local body.
Who is approving authority?
In light
of the above, it is clear that the final approval authority is local body only,
which approves the layout after getting technical advice from DTCP (Head or
regional office)
Duties of Local Body
In
earlier paragraphs, it is mentioned that the local body shall scrutinize the
application and forward it to TCP [HO or RO, as the case may be].
The list
of aspects for scrutiny are:
·
Ownership
of lan by verifying all the relevant documents.
·
Compliance
with master plan and development plan
·
Process
of acquisition by government
·
No effect
by land reforms act 1961, urban land ceiling act 1978 or land acquisition act.
·
Objections
on the basis of water logging, drainage, health, surrounding, quarries, buriel
grounds, cemetery, etc.
·
Approach
from and to neighbouring layout.
·
Follow up
by Local Body
On
receipt of layout proposal approved technically by DTCP [HO/RO], the LB shall
ask the applicant to hand over the open spaces, roads and public purpose lands
[park]. When the promoter of layout handed over the same, the council of local
body shall grant approval to the layout. Now-a-days, sometimes, the local body
accords its approval without getting any advice from DTCP.
The
layout is considered to have been approved only after it is finally approved by
local body.
The local
body shall intimate sub registrar office that it has no objection for
registration of documents selling the plots of the said layout. The street and
other public purpose reservations shall be taken over and maintained by local
body.
In this
context, I leave the matter to the reader of this article to think and decide
whether the layout approved by local body [panchayat union] is valid one on
legal aspects.
However,
I shall try to throw some more light on difference some practical aspects
between layouts approved by LB on getting advice from DTCP and directly by LB
without getting any advice
A.Sri Vijayan,
Engineer, Lawyer,
Poompuhar Nagar,
Kolathur, Chennai.
94440 48547
