Notice to Chief Secy, JIT chairman on violations by developer in flats

Tribune News Service

Advertisement

Jalandhar, June 15

With the Jalandhar Improvement Trust having failed to take action over the glaring anomalies in the Nitishree flats, a local activist has now sought to initiate legal action against the Chief Secretary, Punjab, Secretary, Local Government, and the Chairman of Jalandhar Improvement Trust. 

Ajay Kumar Sehgal, a resident of Chhoti Baradari, through his laywer Ajaivir Singh has filed the notice stating that the developer had changed the approved plans, including increasing the floor area ratio and adding three more floors, without getting consent for it. He said the project which was to be monitored by a committee of the JIT and top government officials has not been completed even four years after the extended deadline got over. Ashok Gupta, now Secretary, Local Government, had visited the site two years back as the director of the department and a member of the committee, but there has hardly been any action on the part of the government

Going into the background, he has cited, “An agreement was entered into between the JIT and M/s Shourya Tower Pvt. Ltd (a consortium of Nitishree Group and the developer ANS Construction Ltd.) after a process of tendering on August 4, 2005. It was in the form of a public-private partnership for the construction of a multi-storeyed residential towers/flats to be named as Shourya Greens at Surya Enclave locality.”

Having taken copies of the record from the office, he has further found, “Land measuring 16.52 acres was allotted in favour of the developer by the Trust. As per the agreement, the developer was to deposit 25 per cent of the sale consideration initially and the balance 75 per cent was to be paid in six monthly instalments along with 10 per cent interest. The total consideration was to be of Rs 27.98 crore. 

The developer was to submit the comprehensive layout plan of the area and all other such documents as per the Improvement Trust and Municipal Corporation Building bylaws. The developer was directed to show the progress in the project periodically to the committee headed by the Secretary, Local Bodies. The developer was liable to complete the construction within a period of three years from the date of signing of the agreement which was further extensible for two years, subject to deposition of heavy penalty.”

Sehgal has mentioned in the notice, “The developer submitted the set of drawings on September 20, 2005 which were duly approved in 2006 and as per the time frame, the construction and the project was to be completed in the year 2009 subject to extension up to 2011. It is stated that the developer has till date not completed even half of the total work of the project. Meanwhile, the developer changed the approved structural drawings and started construction without getting the same approved from the Trust and the authorities concerned. 

Subsequently, the developer submitted a revised set of drawings on December 17, 2007 in view of the enhanced FAR and increased the height of some of the towers from seven to 10 storeys, i.e. beyond the height of 70’6”. The revised set of drawings was sent to the Chief Town Planner for approval and are pending in his office till date.  

Moreover, the developer has already commenced the allotment of the apartments in the said unapproved towers as well, and is accepting payments from consumers in the region. Even the basement parking has not been provided as per the terms of agreement.”

“The developer was required to submit a bank guarantee equal to 10 per cent value of the land cost which was encashable on the completion of the project in 2009, which was duly complied with by the developer. But subsequently, the bank guarantee has not been renewed despite notices to the developer from the office of the Trust.” 

Sehgal has sought stoppage of further construction and demanded suitable action. 

Chairman of Jalandhar Improvement Trust, Vinay Bublani, said he had got a copy of the notice and would reply to it after studying the matter thoroughly.