Legal Question in Consumer Law in India

A builder who is contemplating on bringing up a multistoried building, before starting such venture should earmark and gift 10% of the extent of the land in which the construction will come up to Chennai metropolitan Development Authority. Such portion of the land will be titled �Open Space Reserved� area and as a �gift to CMDA�. Such prerequisites are as per Development Control Rules 17(a) created under Tamil Nadu Town and Country Planning (Amendment) Act 1973. Details of the same are given in Annexure IX to the D.C Rules which gives guide lines for such gifts. On the usage of the area the rule says �The space so reserved shall be transferred to the Authority or to the Local body designated by it, free of cost, through a deed, and in turn the Authority or the local body may permit the Residents Association of Flat Owner�s Association for maintaining such reserved space as park. In such cases, public access for the area as earmarked shall not be insisted upon It is obligatory to reserve the 10 percent of the site area and no charge can be accepted in lieu in case of the new developments or redevelopments�.
In confirmatory to the above a builder in Chennai gifted an OSR Area in 1994 by a registered document. Though CMDA has taken the gift it has not followed further action that was expected of it. A case has been registered in a consumer forum against CMDA by an owner of the flat owner.
In case the CMDA pleads that due to reasons beyond its control it can not develop and had decided to make over it to the resident association, can the resident association claim funds for the purpose from the Government?

Asked on 10/05/09, 1:03 am

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Yes. The resident association can claim funds for the purpose of development of park after it gets the land conveyed to it from CMDA.

S.Seshadri

Advocate

Chennai, India Office Phones: 98403320808 /28515229

Answered on 10/05/09, 3:32 am

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