[Resolved]  CMDA/ TNHB — Fence eating the Crop – TNHB/CMDA Trespassing Tamil Nadu Apartment ownership Act 1994– Reg

Address: Chennai, Tamil Nadu

B. SRIDHARNATH H-65, S-3, Kurinji Flats, Scientist (CLRI) Retired Thiruvalluvar Nagar, Thiruvanmiyur, Chennai- 600 041. Mobile: 0-[protected] Res.:[protected]. E-mail: [protected]@rediffmail.com To URGENT & CONFIDENTIAL Date:[protected] 1.The Deputy Secretary to Government Housing and Urban Development Department, Secretariat, Chennai - 600009. 2.The Honorable Chief Minister, Chief Minister's Grievance Cell, Govt. of Tamil Nadu. Secretariat, Chennai -600009 Respected Sir / Madam, Sub: Fence eating the Crop – TNHB/CMDA Trespassing Tamil Nadu Apartment ownership Act 1994 - Misinterpretation of infilling theory rules by CMDA - Illegal approval in CRZ banned Zone by CMDA and TNHB officials - Hardship due to shortage in UDS Lands to the occupants of TNHB file 642 HIG housing – Reg. Ref: 1. TNHB MD office letter No. TP1/5282/02 dated[protected] 2. TNHB MD office letter No. TP1/5282/02 dated[protected] 3. CMDA MS office letter No. G/18894/2013 dated[protected] 4. Tamil Nadu Apartment ownership Act 1994. 5. Madras High court orders passed in TNHB case on[protected]. 6. New Zone- 13 (Old zone- 10) AC. Corporation of Chennai, letter No. Z.O.X. C. No. 3259/2008 dated 05-02-08 notice sent to EE TNHB Bn Division. 7. Corporation of Corporation Zone -10 Lr. No. Z.O.X.No.1933/2010 dated 19 - 05 -10 identify the road on banks of sea shore is NOT approved. 8. CMDA Official draft note for authority dated 31-01-06 prepared by CMDA. 9. CMDA approval No. L2/32714/04 date 17-05-07 PPD/ LO No. (TNHB) 4A/ 07. 10. CMDA approval No.L2/32714/04 date[protected]. PPD/LO No.(TNHB)4B/ 07. 11. CMDA approval No.L2/6045/08 date[protected]. PPD/LO No. (TNHB) 5/ 08. 12. CMDA approved plan Lr. No. L2/5314/94 dated[protected] TNHB plan) 13. CMDA approval for TNHB 642 HIG Lr. No.L2/14603/91dated[protected]. 14. CMDA Sr. Planner email reply dated[protected] at VSNL.com 15. CMDA MS office letter No. B1/25117/07 dated[protected]to EE TNHB) 16. CMDA MS office letter No.EC/CCW/South/11758/2013 dated[protected]. 17. CMDA MS office letter No. Lr. No. G/15219/2013 dated[protected]. 18. CMDA MS office letter No.EC/CCW/South/11758/2013 dated[protected]. 19. CMDA MS office letter No.L2/2621/2013 dated[protected]. 20. CMDA 2002 website advice about Completion Certificate. 21. TNHB Circulation note No.TP-1/69101-A/2004 Item No. 11.03 Sd/[protected] 22. Housing & Urban Development Depart G. O. Ms. No. 368 dated[protected] 23. EE TNHB Lt. No. HS/0135/2012-1 dated 29-4-14 confirming 29.5% UDS shortage are due to arithmetical error committed by TNHB in all 642 HIG flat allotments orders and sale Deeds. The CMDA & TNHB are governments bodies functioning under the control of H&UD Dept. and these authorities are supposed to act as fence in protecting livelihood of law abiding citizens. Due to unpatriotic functioning of some officials, the story of “Fence eating the Crop” situation prevails. The Law / rules implementing authorities (TNHB & CMDA) had failed to implement law in fair and justified manner. In order to benefit few private individuals the law implementing authorities made ‘U’ turn in law by including wrong misguiding information to the Govt. files and cheated the Government and law abiding citizens. I beg the Honorable Deputy Secretary to Government, Housing and Urban Development Department to view the matter seriously and to take suitable action to cancel all illegal order/ G.O’s (Ref: 8 to 11, 21 & 22) issued based on wrong misguiding information which violate CRZ rules and the apartment owner Act 1994. Details of Violation by TNHB, CMDA & H & U D Department During November 1994, TNHB Besant Nagar division Chennai - 20 (TN Govt. body) allotted me small HIG flat H 65, S-3 for my application under general public quota. At the time sale of flat, TNHB issued me a copy of CMDA 1994 approved plan (Ref: 12) of 642 HIG plan and A & B certificate confirmed that the flats were constructed as per approved plan and the flat is free all type of encumbrances for sale/purchase. After getting allotment/purchase order, I had noticed that 642 HIG project has not executed as per CMDA plan due to serious violation/deviation by TNHB, the UDS land was shortage up to 29.5% in our 196 HIG scheme. To safe guard my property from future litigations, I had insisted TNHB through CM cell to obtain the CMDA’s Completion Certificate from concerned authority. Vide TNHB MD office letter No. TP1/5282/02 dated[protected]Ref:2) TNHB MD informed me and CM cell that TNHB are in process of revised approval and will issue completion Certificate of CMDA. Till this day TNHB neither obtained revised approval of CMDA nor issued completion Certificate. At the time of sale the TNHB shown many amenities like school land and substation land as part of our 642 HIG project in 1994 approved (Ref: 12) CMDA plan. But TNHB sold our part of project land to third parties by including some wrong misguiding information in the govt. files and cheated us. This has resulted in sale deed UDS land shortage up to 29.5%. On a later date the EE TNHB confirmed (Ref: 23) the UDS shortage are due to arithmetical error committed by TNHB in all 642 HIG flats sale Deeds. The TNHB has not executed the 642 HIG project as per CMDA plan, but wrongly conveyed the message vide (Ref: 1) TNHB MD office letter No.TP1/5282/02 dated[protected] in S. No. 3 conveys “Flats were constructed as per the approved plan and layout” and fooled us. The S. No. 2 of same letter states “Regarding the environmental clearance and permission from costal regulation authority, you are requested to contact the CMDA who are the authorities concerned for observing the above rules before approval of layout.” The CMDA letter (Ref: 3) No. G/18894/2013, dated 21-04-14 convey that “It is clarified that obtaining NOC from competent authorities for the project exceeding Rs. 5 Crores was the responsibility and mandatory requirement on the part of developer – in this case, TNHB, before commencing the construction. It is not a pre-condition for issuing planning permission by CMDA. It is evident from above (Ref: 1 & 3) the TNHB had not obtained mandatory requirement of CRZ NOC for the 642 HIG project. The Corporation of Chennai identified that the TNHB had executed the 642/196 HIG project in deviation to CMDA’s 1994 approved plan and served the notice letter (Ref: 6) No. Z.O.X. C. No. 3259/2008 dated 05-02-08 and advised the EE TNHB to restore the buildings in accordance to approved plan. Otherwise Chennai Corporation will take suitable action as per the prevailing rules in force. In the above situation the official file (Ref: 1) message conveyed in S. No. 3 & 2 of TNHB MD office letter dated[protected] seems to be false and cheating the consumer. Violation of the Tamil Nadu Apartment ownership Act. The Tamil Nadu Apartment ownership Act is in force with effect from 1994, as per the act the common area earmarked in CMDA approved plan for specific purpose can be utilized only for that purpose in the common interest of all occupants/ allottees. The government body TNHB must honor the Apartment ownership Act and protect the common land areas for the common use of all allottees. Instead of protecting the CMDA earmarked common land for common use the TNHB had trespassed the Apartment ownership Act and sold the part of 642 HIG lands i.e. common substation lands and school lands for other purposes (i.e. private housing). The Honorable high court of Madras in passed order (Ref:5) on[protected] in other TNHB’s housing common area case and clarified and confirmed that project land earmarked in CMDA plan can be used only for the purpose for which it was earmarked in CMDA plan, as defined in the rules of Apartment ownership Act 1994. Masking actual position of our project lands under the apartment owner’s act, TNHB prepared some cooked official note (TP-1/69101-A/2004 Item No. 11.03) with misguiding information and by circulation obtained the signatures of MD TNHB, Commissioner, Town & Country Planning, MS CMDA, Secretary to Govt. H&UD Dept., Commissioner, Corporation of Chennai, Chairman, TN Slum Clearance Board and Chairman TNHB got approved the conversion of common lands into salable private housing lands. The Chairman TNHB signed the official note only on[protected] and with in no time and without verifying eligibility criteria persons who is going get the allotment, the H&UD Dept. issued the allotment order for diverting part of 642 HIG housing common land on[protected]G. O. Ms. No. 368 dated[protected] to the persons who are not eligible to get TNHB lands for reason they already have flat / plot in their names. As per TNHB rules any persons who are having flat or plot in their names are NOT at all eligible get allotment from TNHB. But TNHB and H & U D Dept. has violated this TNHB rules and sold/allotted the part 642 HIG project lands of EB substation and School lands to the private persons who are already having own plot/ flat on their name. This illegal act of TNHB is nothing but Fence eating the Crop. The TNHB is functioning under Housing and Urban Development Department; it is bound duty of this honorable H&UD Dept. office to take action on TNHB for trespassing the Apartment Owners Act 1994 and trespassing TNHB eligibility rules. Since the above transactions are not legally feasible, I pray to the honorable H&UD Dept. office to cancel cooked TNHB official note (TP-1/69101-A/2004 Item No. 11.03) and the G.O. (G. O. Ms. No. 368 dated[protected] and restore lands for the purpose earmarked in CMDA plan. The corporation of Chennai also furnished RTI information conveys that the road which divides the Survey No. 222 and 223 from seaward side to landward side is a CMDA unapproved road. In light of Corporation (Ref: 6) notice No. Z.O.X. C. No. 3259/2008 dated 5-02- 08, it is evident that TNHB’s 642 HIG project is deviated illegal construction. In the light of above corporation letters the land mentioned in the CMDA’s Official draft note for authority dated 31-01-06 prepared by CMDA officials are totally wrong and misleading. These acts of CMDA officials are gross violation the CRZ rules and also trespassing the Apartment Owners Act 1994. Please take necessary action on officials who were involved in scrutinizing the file and prepared the above wrong note informing that 642 TNHB’s deviated illegal constructions as approved construction and also recommended some part lands for new plan approval through official note under infilling theory to the part of 642 HIG lands in survey No. 222 & 223 in CRZ banned zone. Based on the incorrect CMDA’s official note information, the CMDA had wrongly issued the above (Ref: 9, 10 & 11) approvals for the land area in CRZ banned zone in seaward side, without the NOC of CRZ authorities. Please take necessary action to cancel the above said (Ref: 9, 10 & 11) errored approval accorded by CMDA under infilling theory in the middle of TNHB’s deviated unapproved 642 HIG buildings in CRZ banned zone. As per above (Ref: 13) the old outdated CMDA 1992 approval, the site No.78 B in Survey No.222 was earmarked as shop site. During 1994 CMDA’s revised approval (Ref: 12) site No. 78 B in Survey No.222 has been earmarked and reserved for TNEB substation. During 2008, the CMDA wrongly assumed the TNEB substation land as shop site and issued illegal approval for private housing vide above (Ref: 11) under infilling theory in the middle of TNHB’s deviated unapproved 642 HIG buildings without the NOC of CRZ authorities in CRZ banned zone which falls in seaward side. The above (Ref: 11) approval accorded by CMDA on seaward side without the NOC of CRZ authorities is a gross Violation of CRZ act and Tamil Nadu Apartment ownership Act 1994. Please take necessary action to cancel the above said file and restore the lands for TNEB substation as per provisions of Tamil Nadu Apartment ownership Act 1994. Contrary decisions/ statements of CMDA on Completion Certificate matters During 2002 CMDA (Ref: 14) Sr. Planner email reply dated[protected] at VSNL.com states that CMDA will issue Completion certificate to TNHB when TNHB file the request for Completion Certificate. The (Ref: 15) CMDA MS office letters conveys that CMDA has returned 642 HIG revised approval request for want of complete particulars of housing project from TNHB. During 2013 the (Ref: 16) CMDA MS office letters conveys that CMDA will examine the 642 HIG Completion Certificate request on submission of complete particulars of housing project. The (Ref:17) CMDA MS office letters conveys that CMDA had examined 642 HIG Completion Certificate request of TNHB and rejected on[protected] for the reason of inadequate details/ particulars to issue Completion Certificate. The letters (Ref: 14 to 17) conveys that the issue of Completion Certificate was in practice prior to 2007 (i. e. during 2002). The above statements of CMDA covey that Completion certificate was in practice prior to 2007. After careful consideration of documents filed in Case CC 118 2011 before District Consumer Disputes Redressal forum, the Court directed the TNHB EE, MD and H& U D Dept. to issue CMDA Completion Certificate to the undersigned (Consumer) as promised in their letters. To escape from clutches of law the TNHB now obtained the (Ref:18) CMDA MS office letters which conveys that CMDA completion Certificate is not needed for the housing project executed prior to July 2007. The message conveyed through reference: 15 letter of CMDA is contrary to the message conveyed in the above reference 14 to 17 letters of CMDA official letter and to the advertisements published during 2002 (i.e. prior to 2007). Please take necessary action to cancel contrary to the message conveyed in the above said file (Ref: 18) and agree with the contents of reference 14 to 17 letters of CMDA. If the contents reference-18 CMDA letter is really correct, please confirm whether the development control authority has no objections for the buildings constructed in deviation to CMDA/Chennai Corporation approved plans prior to 2007 The CMDA and TNHB are functioning under Housing and Urban Development Department and the CMDA had approved TNHB’s 642 HIG project in 1994. The CMDA’s the Completion Certificate is a yardstick which help buyer/public to understand whether building construction had been executed as per approved plan or not. The TNHB is functioning Housing and Urban Development Department; it is bound duty of this honorable H&UD Dept. should have guided the TNHB to execute the 642 HIG as per approved plan only. The CMDA official might have taken action on TNHB for executed the 642 HIG project in deviation to CMDA approved plan. After a lapse of 20 years, there is no logic in informing completion certificated is not at all need for a project executed prior to 2007. In the above strange situation I wish to request H & U D depart to spell out date on which the first completion certificate/ occupation certificate issue by MMDA/ CMDA to the buildings which constructed prior to 2007. The CMDA letters No.L2/2621/2013 dated[protected]Ref -19) signed for Member Secretary and the contents conveys that the ownership of housing project land had been already transferred to the buyer. “TNHB does not have executive right of scheme area of revised lay out submitted for approval”. The true fact is that the ownership of land and the land Patta of 642 HIG is still in the name of TNHB only in taluk office revenue records of Tamil Nadu Government. As per above CMDA statement the TNHB does not have executive right of filing revised layout for approval for the reason not having ownership right. I request H & U D Dept to find out and inform the details from CMDA and furnish the details of documents verified by CMDA to understand about the present ownership and come to a conclusion that TNHB is not the owner of 642 HIG lands. I request H & U D Dept to find out details from CMDA and state, is the CMDA having any executive right for issuing new lay out approval under infilling theory rules to a part of 642 HIG project land, in middle of deviated unapproved constructions in CRZ-2 zone (183 M of HDL) without verifying the legal consent of 642 HIG co-owners. Please spell out whether the CMDA/ TNHB/ H & U D Dept had the powers to override Tamil Nadu Apartment ownership Act 1994 rules and divert the 642 HIG project lands of TNEB Substation lands and School lands for private housing of few individuals. In the above situation, I requested the responsible officers of TN Govt. department to view the above matter seriously and take necessary action in the matter in public interest as per acts and rules of government. Further I wish to request the responsible officers to communicate the follow up action taken in the matters. In the absence of response from concerned department to this petition in time, I have no other option other than opting to file RTI petition to find out details of action taken in the matter. Thanking you, Yours Sincerely, (B.Sridharnath) SENIOR CITIZEN Copy to: 3. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, EGMORE, CHENNAI – 600008. 4. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai – 600035. Encl: Copies of Ref: 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22 & 23 (pages 8 to 42= 35 pages as attachment) towards the proof matter stated in 7 page petition.