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Yes, there has been a change in the mechanism of according layout approval by HMDA since 2001. In the old system procedure, a draft layout was given to developer/applicant with conditions to develop the layout works within one year. Plots could be disposed only after HMDA sanctioned the Final layout. This procedure left many layout development works incomplete and also dragged on the cases for a number of years due to non-compliance of the layout development works. Under the new procedure, the applicant/developer is allowed to sell 75% of the plotted area after the layout approval and after mortgaging 25% of the plotted area as surety for compliance of the layout development works. This procedure has resulted in facilitating the layout owner/developer with getting capital investment for undertaking the layout development works, faster layout development works ( many layouts are completed within six months) and a proper check on the layout developer and the works undertaken by him. In fact this procedure is working well and is being emulated by other UDAs also.
Any layout has to have a valid approval from HMDA. The layout mentioned by you does not have HMDA approval. This Panchayat layout necessarily has to be got regularized through the Municipality and the Cyberabad Development Authority.
a) No Tentative layout approval has been given by HMDA in this venture mentioned by you as there is a discrepancy in the land ownership which the applicant has to sort out first.
(b) A layout normally takes one month for clearance after compliance of the all requirements, ie., layout plans drawings, position of established road, filing of all ownership documents, ULC papers and related link documents, etc. Similarly, Final layout approval takes one month for clearance after all the development works are completed.
(c) No transaction should take place in the layout, unless there is valid approval for the same from HMDA.
Ramesh Sawlani, Hyderabad
To put it simply, the Master Plan and a valid layout approval guides usage of land and regulates the development activities in an area. A valid layout approval means you can utilize the plot for development purpose like building construction, etc. after duly obtaining permission as per law.
However, not having a valid layout approval does not imply that the area would be confisticated by the public authority or the ownership rights over the land are affected as in your case (unless there is an ownership discrepancy). It means that you cannot utilize the plot for development purposes like house construction, etc. You would not get building approval under the law for the said area.
Both HMDA and HADA are separate planning and development authorities but operating under the aegis of the Andhra Pradesh Urban Areas (Development) Act, 1975. Regarding the rules and regulations for development, they would depend upon the Statutory Master plan and the set of Development Control Regulations accompanying it. Therefore, these are different for different UDAs.
The Master Plan as well as the Development Regulations for the HADA area is under finalization and would be notified to the public shortly for their suggestions, comments, etc.
BS Sharma. Saidabad, Hyderabad