Do not provide amenities in OSR land: TNREAT tells promoter

CHENNAI: Saying that OSR land cannot be termed as the exclusive land of the allottees of real estate projects, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has directed a promoter to provide amenities inside the project land not on the OSR land.

Complainant P Venkat Rayudu filed an appeal with the Tribunal seeking various directions including amenities inside the project.

He pointed out that the promoter had provided the amenities only in the OSR (open space reserve) land owned by the public authority. He also demanded to complete the construction of the clubhouse and solar power unit within a stipulated time.

Hearing the case, Justice M Duraiswamy and judicial member R Padmanabhan observed that the prayer sought for by the appellant with regard to the provision of the amenities in the project is justifiable for the reason that the parties had entered into the construction agreement, wherein the promoter agreed to provide the amenities inside the project land.

"On a reading of the construction agreement/brochure, it is clear that the promoter had only agreed to provide the amenities in the project and not in the common OSR land, which cannot be termed as exclusive land of the allottees of the project. In these circumstances, we are of the considered view that the promoter should provide all the amenities in the project land as mentioned in the construction agreement/brochure, " the Tribunal ordered.

The Tribunal also directed the promoter to complete the construction of the club house in first and second floors of the existing club house building, and provide solar power units as mentioned in the environment clearance letter, apart from providing all amenities in the project land within a period of nine months.

The promoter had undertaken to provide solar power for illuminating common areas, lighting of gardens and street lighting.