Environment body seeks RERA action and refunds in 14 illegal Nilgiris layouts
The Confederation of Environment Associations of Nilgiris (CEAN) has appealed to the Tamil Nadu Real Estate Regulatory Authority (TNRERA) to take action against 14 illegal layouts identified in different pockets of the Nilgiris district. The layouts, spread across Coonoor, Kotagiri and Udhagamandalam, were detected during a survey by an official committee constituted to find unapproved real estate projects in Kotagiri taluk.
Information obtained through a Right to Information (RTI) application filed by CEAN reveals that the committee, headed by the Coonoor Sub-Collector, included the Assistant Director of the Directorate of Town and Country Planning (Nilgiris) and the Block Development Officer, Kotagiri. The unapproved layouts are located at Naduhatty, Kodanad, Doddabetta, Adhigaratty, Jackanarai, Kagguchi, Mulligoor, and Burliyar.
According to CEAN, the promoters of these layouts advertised and sold plots without registering the projects with TNRERA, in violation of the Real Estate (Regulation and Development) Act, 2016. The law mandates that every real estate project must be registered with the state's regulatory authority before it can be advertised or sold. Non-compliance can attract a penalty of up to 10 per cent of the estimated project cost, and continued failure to follow the authority's directives can lead to further financial penalties or even imprisonment.
Speaking on behalf of the association, Surjit K. Chaudhary, a retired IAS officer and CEAN chairperson, said that the entire Nilgiris is a notified planning area under the Tamil Nadu Town and Country Planning Act. He claimed that the developers promoted the projects through social media, their officers and agents, misleading the public. “These activities not only violate the RERA Act, but also flout other applicable laws and planning norms,” he said.
CEAN has requested the regulatory authority to impose the maximum penalty on the builders and to pass an order ensuring that the amounts collected from buyers are refunded. The association has also sought a direction restraining the promoters from continuing to advertise or sell plots in the illegal layouts. It has furnished the list of layouts along with supporting documents from the RTI response for the authority's verification.
The development assumes significance as the Nilgiris is recognised as one of the most fragile ecosystems in the Western Ghats. Environmental scientists and citizens have often cautioned against unchecked construction in the region, pointing out the risks of deforestation, loss of biodiversity, soil erosion and landslides. A number of illegal layouts have been demolished by the administration in the past, yet new ones continue to emerge, often taking advantage of the hilly terrain and the lack of proper enforcement.
This is not the first instance of CEAN approaching the real estate regulator. Earlier too, the association has highlighted irregularities in several projects in the Nilgiris. Its latest complaint seeks to establish that RERA provisions can be invoked to hold builders accountable in these hill areas, offering a possible legal remedy to buyers who have unknowingly invested in unauthorised projects.
While TNRERA is yet to respond to CEAN's appeal, the case brings into focus the nexus between unregulated construction and inadequate consumer protection in eco-sensitive zones. Legal experts say that if the authority acts favourably, it could serve as a deterrent against future real estate malpractice and also provide a much-needed safety net for homebuyers in the region.
