Open Space Reserved Areas
Thyagarajan
(Querist) 24 June 2010
This query is : Resolved
Chennai Metropoliton Corporation was gifted 10007.25 sq. ft of land being 10% of land before developing the rest of land as multy storu building by Doshi housing as Open Space Reserved Area (OSR) 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’
The builder had made 178 flats in the remaining area but CMDA had not converted the OSR Area as park or handed over the same to association as per rules. I am a flat owner and since as much as 15 years had elapsed since the donation had taken place made a complaint to Department of Administrative Reforms and Public grievances New Delhi which in turn asked for explanation from CMDA through CM Cell Tamil Nadu. CMDA has since replied to my complaint it had conceded to my request to hand over the OR Area to the association but the ownership of land will remain with CMDA/Corporation.
On legal angle can I take the letter of CMDA as handing over of the land to the Association and the association can start developing as a park or should the CMDA initiate a deed of agreement with the association/corporation for the said purpose?
Thyagarajan
(Querist) 25 June 2010
Dear Members,
If any member has dealt with OSR Area please advise by 28th June on my query above
