A guide to the latest CMDA Regulation for Residential Buildings – Flats, Apartment So if you are planning to build an apartment complex, adhering to the rules .. No, H&UD dept, dated and published in TNGG on December who recommended the Draft Outline Development Plan with .. GUIDELINES FOR ABANDONMENT OF BORE WELLS AND. For the Chennai Metropolitan Area, the DR has been framed by the CMDA. FSI , is one of the methods under the Rules/Regulations by which the Plan.
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FLOOR SPACE INDEX Chennai
The Additional Commissioner of Police Trafficwho is the second respondent herein, has filed an independent counter affidavit. In other words, the collective wisdom of the Panel is now replaced by the individual wisdom of one member of the Panel. For the sake of convenience, the array of parties as adopted in the writ petitions is adopted in these writ appeals also:.
Therefore, the second respondent claims that his refusal to issue no objection certificate is authorised by law. As stated earlier, under the second master plan for Chennai Metropolitan Area, a set of regulations known as Development Regulations, were issued and they were approved by the Government in G. It reads as follows:. The Regulations were notified in the Tamilnadu Government Gazette dated 2.
This ensures opens space which is essential for air, natural light and safe in times of emergencies. Small Plot owners will be benefited by these amendments, only when the set back space and road width issues are addressed.
Floor Space Index or FSI in Chennai
Under Sub-Regulation 2 of Regulation 9, it is stipulated that Transferable Development Rights shall apply to cases where a private land is required for any traffic or transport infrastructure developments. The no objection certificate was subject to certain conditions, about which, we are not now concerned. The expression ‘group developments’ is defined rulss Sub-Regulation 1 to mean accommodation for residential or commercial or combination of such activities housed in two or more blocks of buildings in a particular site irrespective of whether these structures are inter-connected or not.
The corridor serving as access for units in the development in whichever floor they may be situated shall not be less than the standards prescribed in Annexure Rulea. The applicant shall deposit a sum at the rate of Rs. The conferment of such an unguided power upon a single member of a multi member panel, will infringe upon the valuable Constitutional right to property, without there being a sanction of law for the exercise of such power.
Sub-Regulation 26 of Regulation 28 mandates that the plan for the construction regulationx a multi storeyed building shall be scrutinised and forwarded to Government with the recommendation of a Panel comprising of about 9 members. Cites 8 docs – [ View All ]. The writ petitioner, having paid the demand raised by the second respondent dated No individual is given the power to veto the decision taken by the majority in the Panel.
The acceptance by the Authority of the pre-payment of the Development charge and other charges etc. The details vary according to the dimensions of the Plot. Therefore, the restriction on the right of a person to develop a property in a manner he considers fit and proper, for maximising his advantages and profits, should be borne out of statutory regulations in larger public interest. But, the power under which the said Government Order was issued, is not known.
Park limited in favour of the appellant, gifting the OSR portion of Sq. Under this Regulation, premium FSI shall be allowed in specific areas as may be notified subject to guidelines and on collection of charge at the rates prescribed by the Authority with the approval of the Government.
These rules prescribe the site extent, road width, floor space index and plot coverage, set back spaces, height of the building, parking and parking facilities, etc.
Hence, the petitioner is entitled to succeed. Unless there are guidelines, it is not proper for the experts in the Panel to leave it entirely to the discretion of the traffic police, to switch, on and off, the signal retulations, on projects for development.
Regulation 24 of these Regulations contains prescriptions for areas for buildings of special character.
Upon receipt of the application for premium FSI, together with necessary fees and enclosures, the matter was referred to the Director of Fire and Rescue Services. Thereafter, the grant of planning permission within the Chennai Metropolitan Area got regulated in accordance with the Development Control Rules forming part of the Master Plan.
It is to be pointed out at this juncture that though the petitioner prayed for quashment of G. One of the areas so mentioned is Periyar E. Can be provided when their length do not exceed 60 metres. Higher the Abutting Road Width, higher the rate the property will fetch.
But, by the impugned order dated As already pointed out in the earlier paragraphs, in para 6 of G. Under Rule 3 ball the developments are regulated with reference to the land use classifications indicated in the Table given under Rule 3 b. Since the property is located in an area abutting the Metro Rail Project, the petitioner first applied for a no objection certificate to Chennai Metro Rail Limited.
There are several stipulations in Regulation 26, which deal with developments with dwelling units exceeding in number. If premium FSI was granted, the number of dwelling units was to go up from to Any suggestions of alterations recommended by the panel and approved by the Government shall be incorporated in the plans.
Latest CMDA Regulation for Residential Buildings – 17 – FSI, OSR, Open Area
The petitioner also paid a sum of Rs. The Panel comprised of the following persons, who represented the institutions noted against them each:.
The Air Force Station, Tambaram gave a letter dated The learned Judge ultimately held that the governing law on the date of application, scrutiny, demand for payment of amount and conclusion of the sanction process is material and, therefore, the original demand notice, which was issued pursuant to all the said factors, is relevant to the claim of the petitioner, but not as per the impugned demand, which is in accordance with the changed government orders and the decision taken thereon and hence, law as on the date of completion of the process would be a factor to be reckoned with, but not thereafter.
The Authority may allow premium FSI over and above the normally allowable FSI subject to a maximum of 1 one relating the same to the road width parameters as follows: