Tamil Nadu’s Department of Land Administration has issued a circular setting forth guidelines for acquisition of, and compensation payment for, components of patta land, including open space reservation (OSR), in approved as well as unapproved layouts.
In the approved layouts where OSR is vested with a local body, the registration of such land as a plot in the name of any person would become null and void, the circular said.
"Necessary action has to be taken by the local body to nullify/cancel the document through the Registration Department. Further, criminal action has to be initiated against the layout promoter/owner by the local body concerned," said the circular, issued by Commissioner of Land Administration S. Nagarajan.
In the case of approved layouts where OSR is not conveyed to any local body and OSR (part/full) is registered as a plot, the final award has to be passed by the LAO as speaking orders with "nil" compensation for the unconveyed land-cum-registered plot.
"The illegal/unauthorized registration of a plot in the unconveyed OSR land will not be considered for the compensation at any cost," it clarified. The same procedure would be followed in the case of unapproved layouts where OSR land is conveyed to the local bodies but also registered as a plot.
Common amenities (such as schools, hospitals, community halls and libraries) in a housing layout on approved as well as unapproved land would be treated as "private properties" and in case of their acquisition, the final award would be passed and the compensation would be made to the "respective rightful persons".
The approval for housing layouts are issued in compliance with certain conditions, including the conveyance of the land earmarked for the OSR category to the local body concerned by way of a registered gift deed. However, it has emerged that in some cases, layout promoters resort to selling the plots without conveying/handing over the OSR land to the local body through a gift deed. Hence, the circular was issued.
A copy of the circular could be accessed on The Hindu portal at bit.ly/3C0863w