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SeekingForHelp (Manager)     29 March 2020

Gifting road to localbody

A seller has a land of about 0.6 acres. He divided the land and made plots out of it. Also, he made a road in his land which connects all the new plots to an existing government road. When I inquire the seller, he said he got a CMDA(Chennai Metropolitan Development Authority,) approval for his plot but the road in his land yet to be handed over to corresponding authority.

In my understanding, if the newly created road should be gifted to corresponding authority then only, they will provide street lights, drainage and tar road.
Question:
Is it possible to get an approval without gifting road to localbody?



Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 March 2020

No.  He should give 10% of the total extent area as gift for the purpose of Road to the authorities concerned.

G.L.N. Prasad (Retired employee.)     30 March 2020

You can apply for such a certified copy of approval, terms and conditions, agreements between Developer and authority under the RTI Act.  If you find any violations, you can make an online complaint/grievance against developer/local authority .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 March 2020

How to check RERA registration status of Real Estate Project?
  1. Step 1-Visit the Homepage of RERA Karnataka. Then click on the link “Approved Projects” (it is in Kannada).
  2. Step 2-Here, you will find the four tabs as below.
  3. Step 3-Under the tab “Applications Approved”, you will find the project details and also the certificate.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 March 2020

How to check RERA registration status of Real Estate Project?
  1. Step 1-Visit the Homepage of RERA Tamilnadu. Then click on the link “Approved Projects” (it is in Kannada).
  2. Step 2-Here, you will find the four tabs as below.
  3. Step 3-Under the tab “Applications Approved”, you will find the project details and also the certificate.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 March 2020

How to check RERA registration status of Real Estate Project?
  1. Step 1-Visit the Homepage of RERA Tamilnadu. Then click on the link “Approved Projects” (it is in Kannada).
  2. Step 2-Here, you will find the four tabs as below.
  3. Step 3-Under the tab “Applications Approved”, you will find the project details and also the certificate.

P. Venu (Advocate)     30 March 2020

The road provides right of  common acess to the plot holders, but it is still a common way. Transfer to the local body would render it a public way. It is for the residents as well the developer to take an informed decision.

T. Kalaiselvan, Advocate (Advocate)     31 March 2020

It is the condition that is imposed while granting approval for forming layout that provisions  for public roads and park to be made in the layout to be formed , therefore it can be seen the provisions for the same in the approved plan itself. 

 

The roads and the park space provided in the layout has  to be  transferred to the local civic body by executing a registered gift deed in their favor.

 

P. Venu (Advocate)     31 March 2020

In my understanding, such transfer/gift would be mandatory only if the local laws provides so; it is impossible that this could be a general proposition of law. 


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