UT reduces misuse charges for violation of building bylaws

In 2007, the administration had increased misuse charges from Rs 10 per square feet to Rs 500 per square feet with the enforcement of the Chandigarh Estate Rules, 2007. The HC, on October 8, 2012, had stated that the administration was not eligible to impose misuse penalty without making changes in the Capital of Punjab (Development and Regulation) Act, 1952, and getting it approved from Parliament. In the last few years, the estate office issued around 2,000 notices to traders in different sectors, including sectors 17, 22, 26, 34 and 35.

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The notification issued by UT finance secretary Sarbjit Singh said, “When a building violation(s) or misuse of a site or building under rule 9 is reported or comes to the notice of estate office then a notice of period not less than 15 days shall be served on the allottee of the site or building requiring that the allottee shall within period of two months remove the said violation and pay penal charges as per prescribed rates.”

‘Move illegal’

ADVOCATES S K Jain and Vikas Jain say the administration has no power to issue a notification for imposition of penalty without taking approval from Parliament. “Notification is against the rules. Under Section 22 of Capital of Punjab Development Act, there is no power given to executive authorities/or the chief administrator to make rules for imposition of penalty.”