Madras HC declines to grant relief to realtors

Declining to grant relief to realtors seeking relaxation of its ban on registration of unapproved plots, the Madras High Court today directed the Tamil Nadu government to constitute a district planning committee to consolidate the plans prepared by panchayats and municipalities in districts.
The court also issued directions to the government to prepare a draft development plan for the districts as a whole.
The First bench, comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan gave the directions when a batch of petitions filed by real estate owners seeking relaxation of the court's earlier order, restraining authorities from registering any unapproved plot or layout, came up today for the third time.

It then posted the matter for further hearing to January 9.
Advocate General R Muthukumaraswamy, who appeared on behalf of the state government submitted that a scheme was already under preparation for regularising unapproved housing layout sites, where permission may have been obtained from the panchayats and not from the planning authority.
The counsel further submitted that the regularisation schemes of Andhra Pradesh and Telangana were being examined.

Recording the submissions, the bench said, "We have drawn the attention of the Advocate General to Article 243-Z of the Constitution of India. The devolution of the power through Panchayat Raj system requires planning at basic level."

"This is in furtherance to consolidate the plans prepared by the panchayats and municipalities in the district and to prepare a draft development plan for the district as a whole," it said.
As to how the district planning committee will proceed, the court said it is specified in sub-clause(3) of the Article.
On September 8, the high court had banned registration of plots and houses, whose layout had not been approved, and conversion of agricultural land for non-farming purposes in an unplanned manner in Tamil Nadu.
Real estate owners had filed petitions stating that individuals were suffering a lot and the entire real estate activity had been halted, resulting in huge losses.

Again on November 16, the court had refused to provide relief to realtors, who sought relaxation of the order, and directed the petitioners and the state government to file modified comprehensive categorisation of the land within two weeks, after it was not satisfied with the categorisation list submitted by the petitioners and the government.