Land Approvals in City of Chennai.

All the developments in Chennai like (i) Building construction for various purposes such as residential, Commercial (Commercial Complexes, Hospitals except Theatres), industrial and School buildings etc. (ii) Sub divisions of plots where the No. of plots are less than 8 plots and extent of the land is less than 3000 meter square (iii) Layouts of lands which can't be covered by sub-division, are needs to be approved by two acts called T&CP Act(Tamil Nadu Act 35 of 1972, 1974) and CCMC Act. Section 56 of T&CP Act & Sections 234 & 238 of CCMC Act are the sections which necessitates of getting approval for all the developments in the city. Laws Applicable: The Chennai City Municipal Corporation Act, 1919(CCMC), Tamil Nadu Town and Country Planning Act, 1971,(T & CP) Tamil Nadu Land Acquisition Act, Tamil Nadu Land Acquisition for Industrial Purpose, 2005(amendment), Land Acquisition Act, 1894 and Land Acquisition (Companies) Rules, 1963 Authorities For Permission: Zonal Officer for CCMC in Building Permission, Commissioner Under Inquiry (T & CP), Collector and the State Government For Acquisition Of Land. Provisions under Land Acquisition Act, 1894: Part VII of Land Acquisition Act,1894 lays down provisions for acquisition of land for companies. Under this the company has to approach to the Government of Tamil Nadu / Chennai for acquiring a certain piece of land in that area. The consent for acquiring of land is not given till the government is satisfied by the report of Inquiry is given by the Collector or by officer appointed by the government. The Act states that the land can be acquired and consent can be only given when it is required for the purpose of building dwelling houses for workmen or the land is needed for construction of building or work for the company which for public purpose or the construction is likely to prove useful to the public. If the Government is satisfied about the purpose for which land is acquired then the company is required to enter into an agreement with the government under following heads: The payment of acquisition to the government as the cost of acquisition. The terms on which the land shall be held by company

The agreement between the Government as Company should published in the Official Gazette after its execution

Land Acquisition (Companies) Rules, 1963: Central Government has laid down Land Acquisition Rules for state government as a guidelines for them to follow in a prescribed manner.

The state government has to formulate a Land Acquisition Committee comprising of the Secretaries to the Government of the Departments of Revenue, Agriculture and Industries. A company can approach the state government for acquisition of land. The report given by Collector contains the following matters

that the company has made its best effects to find out lands in the locality suitable for the purpose of the acquisition; that the company has made all reasonable efforts to get such lands by negotiation with the person interested therein on payment of reasonable price and such efforts have failed; that the land proposed to be acquired is suitable for the purpose; that the area of land proposed to be acquired is not excessive; that the company is in a position to utilize the land expeditiously; and where the land proposed to be acquired is good agricultural land, that no alternative suitable site can be found so as to avoid acquisition of that land.

The report of the inquiry is required to be submitted to the Government as well as the Land Acquisition Committee. The amount of compensation payable by company has to be ascertain whether it is reasonable or not. Sections Applicable Of CCMC Act 234. Application to construct or re-construct building.(1) If any person intends to construct or re-construct a building, he shall send to the commissioner (a) an application in writing for approval of the site together with a site plan of the land, and (b) an application in writing for permission to execute the work together with a ground-plan, elevations and sections of the building and a specification of the work. [Explanation.Building in this sub-section include a wall or fence of whatever height bounding or abutting on any public street.] (2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or by-laws. 235. Necessity for prior approval of the site.The commissioner shall not grant permission to construct or re-construct a building unless and until he has approval of the site on an application made under section 234. 236. Prohibition against commencement of work without permission.-[(1)]The construction or re-construction of building shall not be begun unless and until the commissioner has granted permission for the execution of the work. [(2) While granting permission under sub-section (1), the commissioner may specify in writing, the precautions to be observed with reference to the construction or re-construction by the person

making the application under sub-section (1) of section 234 and such person shall be responsible for the due observance of the precautions.] 237. Period within which commissioner is to signify approval or disapproval.Within thirty days after the receipt of any application made under section 234 for approval of a site, or of any information or further information required under rules or by-laws, the commissioner shall, by written order, either approve the site or refuse on one or more of the grounds mentioned in section 240 to approve the site. 238. Period with which commissioner is to grant or refuse to grant permission to execute work.Within thirty days after the receipt of any application made under section 234 for permission to execute any work or of any information or of documents or further information of documents required under rules or by-laws, the commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 240 or section 241 to grant it : Provided that the said period of thirty days shall not begin to run until the site has been approved under section 237. Nutshell of CCMC: To build any structure in Chennai the approvals of Commissioner of Corporation of Chennai is necessary. These provisions are governed under The Chennai City Municipal Corporation Act, 1919. An application is to be send to the commissioner for the approval of the building plan. The application should be annexed with the ground plan as designed. Without the approval of commissioner no construction can take place. The commissioner within 30 days of receive of application can either approve or refuse the application for construction. Building Permission As Per Corporation of Chennai. APPLICATIONS ISSUED AND COMPLETED APPLICATIONS ARE RECEIVED DOCUMENTSTOBE ENCLOSED Respective Zonal Offices

Duly filled Planning Permission And Building Plan Application Form with The Signatures Of land Owner and Licensed Surveyor Registered Document In the Name of Applicant. Parent Document Of the land Prior to 5-8-75 Patta 8 copies of the plan of the proposed constn.with the signature of the owner and licensed Surveyor Encumbrance

Certificate Taken for 15 years (or) from the date of

document executed Other Documents

Relating to Title of the Land.

Previous Sanctioned Plan if any For building Existing in The proposed Site.

CONTACT OFFICER DETAILS OF FEES TO BE PAID

Zonal Officer or Executive Engineer

Plan Application Rs.10/Building Plan Application Rs.10/verification Form Rs.2/ Registration Fees Rs.225 to Rs.970/- Based on The Building And land Scrutiny charges Rs.75/- To Rs.3,575/- Based on Area of the Building And sub-Division with Respect to No.of plot Demolition charges per sqr.mtr.Rs.55/- to Rs.90/Depending On the Type of Building Building permission charges for every 10 sq. M tr.Rs.90/- To Rs.945/ Depending On the area Of proposed Construction In case of plots located in extended area and the improvement charges as applicable. Open space reservation charges as applicable.

Documents Required:

The application form as prescribed by Corporation of Chennai to be taken from following hyperlink as it can be an online application as well. http://218.248.24.71/bpams/Proposal/addProposalCOC.aspx?ival=1 Parent Document Of the land Prior to 5-8-75 Patta 8 copies of the plan Documents related to title of land eg. Sale deed, Title deed.

Lease

Many of the immovable properties of the Corporation if requested by any Government Departments/ Undertakings / Corporations/ Boards /Private Associations / Individuals may be let on lease basis as per provisions under section 75 of CCMC Act 1919 prior to the year 1976.

The important terms and conditions are as follows:

The Licence period is for one year The Licensee should pay the monthly licence fee per month to the Licensor on or before 5th of every month by demand draft in favour of "Revenue Officer", Corporation of Chennai. The Licensee shall pay Rs.10/- penalty for each day. If he has not paid the license fee (Rent) to the licensor before 5th of every month. The Licensee shall pay the charges for the electricity in the schedule of property directly to the electricity board and also to pay other charges to the concerned in respect of his business directly. The licensee shall not make any addition or alterations to the demised shop without written consent of the licensor. The licensee shall not sublet partly or whole to anybody else The licensee shall use the demised shop for the purpose for which he has applied. If there is any change of purpose he should obtained written consent from the Licensor. If the demised shop is required by the licensor the licensor shall issue notice for one month to the licensee for handing over the possession. Like-wise the licensee wants to vacate the shop shall give one month notice to the licensor and to hand over the possession to the licensor after clearing all the arrears due to the licensor in respect of schedule properties. If the licensee has not paid the license amount consequently for 3 months the licensor is at liberty to cancel the allotment order without any further notice. If the licensee wants to renew for further period shall apply renewal application to the licensor on completion of 9th month. It is open to the licensor to accept or reject the renewal proposal. If the licensee has not paid the monthly license fee to the licensor continuously for 3 months and or the shop is locked the licensor is at liberty to revoke the allotment order and break open the shop with the help of police, and make a inventory for the articles available inside the shop and it may be removed and kept in safe custody by the licensor and take possession of the shop in question. The electrical connection if any applied by the licensee should apply in the name of licensee. The licensee should not damage the electric and water mains available in the premises. The licensee shall not damage or deface in any names and in the name board of Chennai Corporation. The Licensee shall exhibit the door No.

Legal Checklist for purchase of land : Title Deeds

The title deed ie, the person from whom the land is being purchased should be checked whether he is authorized to sell the land/ property in question.

Sales Deed Sale deed helps the buyer to get this \ ascertain that the property \ doesnt belong to any society, builder, development authority etc. Measure the land The land should be measured before the registry is to be made through the help reliable and authorized surveyor for measuring the land accurately. Survey sketch of the land can also be taken from the survey department for comparing its accuracy. Agreement The agreement on Rs.50 stamp paper should be drafted stating the actual amount, advance given, time span within which the actual sale will take place. Registration Registration is the proof of the transaction that has taken place between the two parties. The agreement has to be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. Summary In the City of Chennai, one can either buy land in accordance with law, or acquire it on its own or can apply to state government of the acquisition of the land required. If the company, applies to the state government it has to follow a prescribed format within land acquisition act The company has to provide adequate and reasonable amount of compensation to the people from whom it is taking land. The permissions from various authorities under various acts/ laws has to be taken before construction of the plant/ building etc.
1. Zonal Officer for CCMC in Building Permission: The application for building

permission which is a mandate requirement under CCMC Act has to be submitted to the Zonal Officer along with the required documents and payments.
2. Commissioner Of Approval Of Site: The commissioner under CCMC can only

approve or reject the application of person to build any structure. The time period in

which the application can be approved or rejected is 30 days. Without the grant of permission no construction can be made.
3. Collector and the State Government For Acquisition Of Land: When the company

can not acquire the said land through direct purchase or by negotiations with the person, it can approach the state government to acquire the land on their behalf for the development of the industry. Government will conduct inquires in the this regards and whether the laid down proposal is in the interest of public purpose or not. If the government approves the application of the company in accordance to land acquisition act, the agreement is to be signed between the company and the government which has to be published in Official Gazette.