ANS : 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
ANS : 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
ANS : A Tentative layout has been released by HMDA to the applicant
in the said venture and the Final layout is under consideration.
As to the difference between a “Tentative HMDA approval” and “Final HMDA Approval”,
a Tentative layout is given by HMDA after due technical and ownership & ULC verification.
The applicant is required to mortgage 25% of the plots to HMDA as surety for undertaking
and completion of all layout development works and conditions. However, the applicant/developer
can sell the plots in the remaining non-mortgaged area. After compliance of the
development works as per the specifications, HMDA releases the complete layout.
Till then no building permission can be given
Naven Nuney,Capt Gemini, Ernest & Young
(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
ANS : 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,
BS Sharma. Saidabad, Hyderabad