Tamil Nadu has launched a Comprehensive Land Information Portal (CLIP) with the aim of developing a modern, comprehensive and transparent land records management system which presents near real-time data to the applicants. Through this portal, investors can get access to relevant information about the land, such as land ownership details, property encumbrances, tax, water and electricity dues along with data on commercial and legal disputes.

The Policy Note of Industries, Investment Promotion and Commerce Department (Major Industries) 2023-24 published in April 2023, highlighted that the state of Tamil Nadu has approximately 48,198 acres of industrial land bank, the second-largest in the country. In light of this, it is sought to help investors in getting the requisite information for the land acquisition process.

The single integrated portal is user-friendly, does not require one to log in and displays the result once the necessary details are entered by the applicant. It allows investors to access the following data: –

1. Land transaction deeds registered at any sub-registrar office
2. Record of rights at all revenue department offices
3. Property and water tax payment details
4. Data on revenue court cases
5. Civil court case data
6. Securitization (CERSAI database)
7. Electricity bill payment details
8. Cadastral map (Field Measurement Book)

A round table conference was organized on April 18, 2023, by the Department of Consumer Affairs, wherein it was suggested that the builder-buyer agreements incorporate an exit clause for homebuyers which would be valid until the builder obtains the Occupancy Certificate (OC) or Completion Certificate (CC) and offers possession of the property.

The conference was held to discuss the ways in which issues existing in the real estate sector could be dealt with. It was highlighted that more than 54,000 real estate cases were pending in consumer commissions. In light of the same, the consumer commissions and RERA have been urged to ensure that mediation and conciliation are adopted for the speedy disposal of cases.

Several important issues were identified at the conference, such as delays in handing over possession of the property, failure to adopt the RERA model builder-buyer agreement, etc. To address these issues and promote the consumers’ welfare, a committee is proposed to be set up which will be comprised of the National Consumer Disputes Redressal Commission (NCDRC), State Consumer Disputes Redressal Commissions, Real Estate Regulatory Authority (RERA), Department of Consumer Affairs, Insolvency and Bankruptcy Board of India (IBBI), Voluntary Consumer Organisations (VCOs) and Builders as members.

Considering the challenges faced by homebuyers, it has been proposed to enforce a model builder-buyer agreement which could be drafted in such a manner as to avoid the occurrence of disputes between builders and homebuyers. Certain changes to the builder-buyer agreement have been put forward, such as disclosing additional charges in the schedule, specifying grievance redressal mechanisms, including the permissions required to be taken from the concerned authority on the agreement’s first page, etc.

In an order dated March 3, 2023, the Supreme Court quashed the judgment dated May 12, 2016, pronounced by the Punjab and Haryana High Court and directed the respondents encroaching upon the land earmarked for school premises and playground to vacate said land within 12 months. Observing that the school doesn’t have a playground and is surrounded by residential houses constructed without authorisation, the court remarked that there “cannot be any school without playground” and that students are “entitled to a good environment”.

In the year 2011, an ejectment order was issued by the Assistant Collector against the respondents for the unauthorised occupation and possession of certain Gram Panchayat land. After the Collector dismissed their plea, the respondents preferred an appeal before the Commissioner which was also rejected.

Aggrieved, the respondents filed a writ petition before the Punjab and Haryana High Court challenging the decisions of the Assistant Collector, Collector and Commissioner. On May 12, 2016, the court issued an order accepting the respondents’ contentions. With respect to the encroached land wherein residential houses have been constructed and occupied by the respondents, the court directed the authorities to either acquire land equivalent to double the size of the encroached land or to recover the market value of the encroached land from the respondents.

While hearing the appeals filed against the said judgment of the Punjab and Haryana High Court, the Supreme Court directed that a fresh demarcation be conducted, and a report be filed. Upon perusal of the said report along with the sketch and site plan, the encroachment of Gram Panchayat land was confirmed to the extent of 5 kanal and 4 marla (out of the total 11 kanals and 15 marla of land earmarked for school purposes). 

It was held that the directions given by the Punjab and Haryana High Court were not capable of being carried out. Firstly, the vacant land could not be segregated from the constructed area as certain parts of the encroached land were used for vegetation purposes. Secondly, the owners of the land adjacent to the school premises were not willing to sell their land and hence, could not be purchased by the respondents to offer to the Panchayat. Thus, the court quashed the judgment dated May 12, 2016, pronounced by the Punjab and Haryana High Court, holding that the unauthorized occupation and possession of the land earmarked for school premises and playground cannot be legalized.