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Showing contexts for: unapproved plot in Mothees Baba @ Mothilal vs The State Of Tamil Nadu on 2 September, 2022Matching Fragments
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to challenge Rule 5(1) of the Tamil Nadu Regularisation of Unapproved Plots and Lay-out Rules 2017 (hereinafter referred to as 'the Rules of 2017') and G.O.No.16 dated 25.01.2021 issued by the Housing and Urban Development (UD4(1))Department.
3. It is submitted that in the absence of the knowledge of the notification of 2017 to bring Rules and subsequent Government Orders to extend time, petitioner was unable to make an application to seek regularization of the layout and individual plot sold by him on or before the cut-off date of 20.10.2016 given under Rule 3 of the Rules of 2017.
4. Since the respondents have denied to extend the period, application made by the petitioner on 04.04.2022 has not been considered as it is beyond the extended cut-off date of 28.02.2021. The respondents may accordingly be directed to extend the date further for those who could not apply for regularization of unapproved plots and layouts, and for that purpose, Rule 5(1) of the Rules of 2017 and the G.O. Dated 25.01.2021 have to be struck down. https://www.mhc.tn.gov.in/judis
5. The learned counsel elaborating the arguments, submitted that Rule 3 of the Rules of 2017 provides for consideration of the application for regularization of unapproved plots and layouts which were sold through a registered deed as on 20.10.2016 or before, and individual plots in a sub-division registered by a sale or title deed as on 20.10.2016. As a proof and evidence, the plot holder or the layout promoter is required to furnish copies of the sale deed or title deed for the plots sold. The agreement for sale or General Power of Attorney shall not be considered as evidence for proof of sale of plot.
7. Rules 3 and 5 of the Rules of 2017 were brought for the aforesaid purpose apart from other purposes and in that regard, Rule 4 refers to the restrictions for regularisation of unapproved plots and layouts under certain circumstances.
Rule 3, 4 and 5 of the Rules of 2017 are quoted thus:
“3. Cut-off date for considering regularisation of unapproved plots and layouts.– Only those unapproved layouts where a part or full number of plots have been sold through a registered sale deed as on 20th October, 2016 shall be considered for regularization under these rules. Similarly, all plots including unsold ones are eligible for regularization in layouts where at least a part of the total number of plots have been sold through a registered sale deed as on 20th October, 2016. Individual plot in a sub-division registered by a sale or title deed as on 20th October, 2016 shall also be eligible for regularization. As proof and evidence, the plot holder or the layout promoter is required to furnish copies of the sale deed https://www.mhc.tn.gov.in/judis or title deed for the plots sold. Agreement for sale or General Power of Attorney shall not be considered as evidence for proof of sale of plot.