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Kesav (Senior level)     13 August 2013

What are the documents needed, to buy a plot in cmda layout

I am planning to buy a plot in CMDA layout in Chennai and this plot is reserved for the government department entities such as Post office, Telegraph office, Police station, etc. for one year to construct its building/premises if required. If the government entities, does not require the plot within one year of period then the promoter can sell the plot to public for residential purpose.

Promoter saying that the plot completes its one year, and no demand is received from government entities for the plot.

  1. What are documents should I get from promoter?.
  2. How to make sure that no demand is received from government department and Do I need to get any documents for the same ?.
  3. Should I need any documents from CMDA/ any-other-corresponding-authority, to buy the property for residential purpose?.


Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     15 August 2013

kindly ask the promoter to furnish any govt.order to substantiate his claim, of selling plots allotted for govt purposes can be sold after one year ,if not interest shown by concerned authorities.  donot take any risk in these matters.buy a risk free plot and have value for your money, donot spend u r hard earned money on legal disputes.

Kesav (Senior level)     15 August 2013

Originally posted by : raghavan

donot take any risk in these matters.buy a risk free plot and have value for your money, donot spend u r hard earned money on legal disputes.

Thank you very much sir,

When I discuss with promoter,they showed me the layout  that is approved by CMDA, in that it was mentioned  that

"

DR RULE NO : 29 ( 8 )

THE AREA EARMARKED FOR PUBLIC PURPOSE PLOTS I TO XXII (VIZ . POST AND TELEGRAPH OFFICE,
POLICE STATION ETC.) WOULD REMAIN RESERVED FOR A SPECIFIC PERIOD OF ONE YEAR FROM THE DATE
OF APPROVAL TO ENABLE THE GOVERNMENT DEPARTMENT CONCERNED TO NEGOTIATE WITH THE
OWNER AND ACQUIRE THE RESERVED LAND IF REQUIRED FOR THEM. THE COST OF THE PLOT SHOULD
NOT BE MORE THAN GUIDELINE VALUE. IF THE PROMOTER ADDS PROPORTIONATE DEVELOPMENT COST
ON THE PRICE OF THE PUBLIC PURPOSE PLOT, THE SAME SHOULD BE APPROVED BY CMDA. AFTER THE
SAID PERIOD OF ONE YEAR AND IF NONE OF THE AGENCIES PURCHASE THE RESERVED LAND FULL / PART,
THE LAYOUT OWNER / DEVELOPER IS FREE TO DISPOSE OF THE SITE RESERVED FOR PUBLIC PURPOSE TO
ANYBODY FOR RESIDENTIAL USE ONLY. "

Since the rules mentioned in Layout; can I go with the plot ?

adv.raghavan (Advocate,9444674980)     16 August 2013

it says dispose of, and the word sell to anybody is missing, if there is no takers the  plots had to be auctioned.for the above contention kindly refer case AND  judgement on  W.A.NO 218 OF 20 vs GOVT OF TAMILNADU/ 5.8.2011. MADRAS HIGH COURT. it shows the modelities to  dispose the concerned property.


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