Consumer organisation in Coimbatore approaches court against exemptions to OSR requirements

Coimbatore Consumer Cause challenges Tamil Nadu Building Rules in High Court over land allocation for public use.

The Coimbatore Consumer Cause has approached the Madras High Court seeking an order to quash Rules 41(1) and 47(6) of the Tamilnadu Combined Building Rules, 2019, which permit collection of money by the government in lieu of land allocated for public purposes. The court has admitted the petition.

According to K. Kathirmathiyon, secretary of Coimbatore Consumer Cause, prior to February 2019, layouts that exceeded more than 2,500 sq.m, were required to allocate 10% of their area OSR (Open Space Reservation) land and transfer them to the respective local body through a gift deed for public use.

However, the Tamil Nadu Combined Building Rules 2019, exempted layouts up to 3,000 sq.m. from the 10% OSR requirement. For layouts between 3,000 sq.m and 10,000 sq.m, the promoters builders have been given the option of gifting 10% OSR to local bodies or paying the guideline value of equivalent land.

Since the guideline value is very less compared with the market value of the land, the promoters prefer to pay the guideline value amount to the local body and sell the entire 10 % OSR land.

He said the guideline value of equivalent land, excluding 3,000 sq. m is sufficient to circumvent the 10% OSR norms. Any amount to be received by the State in lieu of the 10% OSR cannot be equated with the benefits that the public get from the OSR land.

Considering the potential damage the rules can inflict on the public and cities, the consumer organisation sent notices to the government to make suitable amendments to Rule 41 and 47 of the Tamil Nadu Building Rule 2019 to ensure that even layouts/constructions below 10,000 sq. m hand over the mandatory 10% OSR land to the local bodies.

With the Government not responding to the notices and representations. Mr. Kathirmathiyon filed a public interest litigation seeking an order to declare as unconstitutional Rule 41(1) and 47(6) of the TN Combined Building Rule 2019 in so far as they compromise the 10% OSR requirement.