UT moves to rationalise penalties in over 5,000 building violation cases
Chandigarh, Jan. 11 -- Industrialists and commercial owners in the city may soon get relief from steep penalties imposed on building violations, with the UT administration moving to amend the Capital of Punjab (Development and Regulation) Act.
The administration has sent a proposal to the Ministry of Home Affairs (MHA), seeking amendments to the Act, which, once approved by Parliament, would empower Chandigarh to rationalise penalties at its own level.
At present, more than 5,000 notices related to building violations are pending in the city, largely involving industrial units and commercial properties.
Officials said that following the amendment, penalties in all these cases, as well as future violations, could be rationalised.
For several years, industrialists and traders have been raising the issue with the UT administration and the Centre, arguing that the existing penalty structure is disproportionately harsh.
The matter, however, remained unresolved as any change required an amendment to the parent Act.
Chandigarh chief secretary H Rajesh Prasad said that amending the Act is essential to address the problem in a systematic manner.
"Only after the amendment can penalties in these 5,000 pending cases, and in future cases, be rationalised," hesaid.
During a review of building violation cases, the chief secretary observed that in some instances, penalties had escalated to levels nearly equal to the market value of the properties.
He said the absence of revisions in the Act had created serious anomalies, underscoring the need for a permanent and practical solution.
Industrialists have also sought withdrawal of building misuse and violation notices, pointing out that the existing floor area ratio (FAR), fixed at 0.75 for nearly four decades, has not been revised despite changing industrial requirements.
Despite directions from the Union ministry of industrial policy and promotion to review the local policy, there has been little movement. Industrialists have urged that the existing FAR be revised for smaller plots - five marla to one kanal - in line with the relief already extended to larger plots above two kanals.
Industrialist MPS Chawla said that in a notification issued on 2018, UT administration has clearly stated that partial covering of central courtyard with polycarbonate sheet shall be allowed for storage only without adding any additional FAR, but 90% notices in the past five years are for the same violations.
The estate office issues violation notices for constructions carried out beyond approved building plans, including additional or unauthorised structures.
Such notices have been issued across industrial areas and commercial buildings, often even for relatively minor violations. Under existing rules, penalties start accruing from the date the notice is issued, typically at a rate of Rs.10 or more per square foot per day. Within months, this can amount to several crores of rupees, making it unviable for businesses to clear the dues.
In many cases, violators have already removed or rectified the unauthorised constructions, yet the penalty continues to remain unresolved. Officials said that rationalising these cases would not only provide relief to businesses but also help reduce the backlog of building violation cases pending in sub divisional magistrate (SDM) courts....
To read the full article or to get the complete feed from this publication, please
Contact Us.