Regarding osr charges to get approval for plot.layout

This query is : Resolved 

19 October 2018

Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate company, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot. To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot. Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval. The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me.

Isaac Gabriel (Expert)
21 October 2018

If at all you had paid the amount to the owner under voucher/ agreement, file a suit for specific performance since you were one amount the prospective buyers in the unapproved layout.

R.Ranganathan (Expert)
12 June 2020

As per the present rules you have to follow the 10 % OSR land but you can approach the court for payment in money instead of land stating that your land is only a small plot. You can approach Revenue authorities and then the High Court for direction.

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