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A V Ranganathan (Sr Manager- Retired)     17 June 2013

Gift deed for approach road and acquisition

 

 

I have purchased vacant land in Kanchipuram District, Chenglepet Taluk, Egattur Village near Siruseri to an extent of around 60 Cents in Survey No 100  in 2004.   I have now decided to build house in this plot and approached for Approval of plan and asked the Chenglepet Taluk Thasildar for No Objection Certificate. The Chenglepet Taluk Thasildar has asked us to approach SIPCOT office to get NOC for using approach Road that leads to my plot. 

In the Vicinity of the plot that I have purchased, District Town and Country Planning (DTCP) scheme, in the year 1989, has approved the layout as per approval No 46/89, for- residential layout of Lands in S.Nos. 83A & 83B, 99A & 99B .

The approach road to my site falls in the survey No 83 and this  road  had been gifted to Thiruporur Panchayat Union by Gift Deed  Documents  registered in Thiruporur SRO This road is being used by the public and is the only approach road available to my plot.

President of the Panchayat union  Egattur, has also issued a certificate to the effect that this approach road is for public purposes and is under their jurisdiction in terms of the Gift deed documents and the same are maintained by the Panchayat. 

In the year 2005  Special Tahsildar , SIPCOT , Tacid Division, has issued a notification for the acquisition of the Survey No 83 as a part of the expansion of SIPCOT, IT Park, Siruseri. This has been contested by the residents in the approved layout in S No 83 and is in court . 

Under these circumstances our queries are as follows.

  1. In as much as the approach roads have been gifted through legal registered gift documents, is it necessary to get the No objection Certificate from SIPCOT for approach to our lands.
  2. Does SIPCOT have the right to acquire the approach roads when the approach roads have been gifted to the Panchayat union in 1990 and have been used by Public and villagers for so many years.
  3. Is it obligatory to get the SIPCOT ‘S No objection certificate as per the DTCP norms. 

I would be grateful for your legal opinion from your esteemed panel of specialists in this regard.

 

 

 

 

 



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