Building bylaws: What further relief can Chandigarh residents expect?

Chandigarh has a unique character which sets it apart from other cities. Let us preserve the basic character and allow only minor changes which do not take away the essence of the city.

Sapna Sharda, Chandigarh

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Allow only need-based changes in plans

The Ministry of Home Affairs should keep the requirements of people in mind and allow only need-based changes in the existing building plans. People shouldn’t be given undue liberty. Everyone should keep in mind that Chandigarh is City Beautiful, but over the period, it is losing its charm due to the violations of building bylaws and traffic problems. Now is the time to allow relief in such a manner that there shouldn’t be the need for any changes for another 30-40 years. A strict enforcement of the bylaws should be ensured to prevent violations.

Vineet Gandhi, Chandigarh

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QUESTION

Despite the cracker ban, people burst crackers across the tricity, leading to ‘severe’ air pollution. How can residents be encouraged to celebrate an environment-friendly Diwali?

Suggestions in not more than 70 words can be sent to

[email protected]

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Keep in mind expanding size of families

Houses constructed by the Chandigarh Housing Board and by residents on freehold plots way back need changes in view of the increasing members of families over the years. There is a need for creating additional space by converting a balcony into a room, if structurally safe. The construction of an additional room on the rooftop be allowed keeping in mind the requirement of house owners. Further, the provision of lift may be allowed in multi-storey flats keeping in view the requirement of senior citizens. As a one-time measure, regularise so-called violations if changes are structurally sound and also wave any penalty as a goodwill gesture by the Chandigarh Administration.

Col TBS Bedi (retd), Mohali

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Don’t treat need-based changes as violations

The spirit of the building bylaws for Chandigarh city was basically people-friendly. But over the years, the CHB, a no-profit-no-loss construction wing of the UT Administration, which was created to construct and allot houses to its residents at affordable prices under various schemes, have forgotten that very mission and started earning money by treating even the genuine need-based changes as violations of building bylaws. Residents of these houses expect that the better sense should now prevail and all those changes carried out by them within the boundary line and skyline of their dwelling units at their own cost, even to rectify the original design fault, particularly when these changes do not in any way disturb the structural stability and have not evoked any objection whatsoever by the immediate neighbour, should be regularised by the CHB by charging a one-time nominal compounding fee.

SC Luthra, Chandigarh

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UT’s original design has to be maintained

The UT Administration has to inspect flats and may regularise reasonable changes that do not affect the original design. Absurd violations by allottees be declared unauthorised and they be asked to retreat to need-based changes. Chandigarh was designed by Le Corbusier and the design has to be kept intact to maintain the beauty of City Beautiful.

MR Bhateja, Nayagaon

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Violations may weaken foundation

A large chunk of houses in the city are three or four-storey EWS and LIG flats which are too old. Residents have carried out constructions in violation of building bylaws to meet the requirements of their expanding families. As these are not properly maintained by the owners, specially those allotted to slum dwellers, and are too old, building violations may weaken the foundation of the flats which may cause a tragedy anytime. The Administration should allow only temporary alterations such as the use of fabricated sheets and demolish illegal concrete structures for the safety of residents.

Abhilasha Gupta, Mohali

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take a practical view of the whole issue

Chandigarh is suffering due to the rules framed way back in the 60s by the authorities regarding the building bylaws. The constructions, which had been carried out almost three or four decades back, are under threat till now. Agitations held by various bodies in the past have had no effect on the authorities. In all states across the country, illegal colonies and settlements have been regularised from time to time. But there is no such development in Chandigarh because of these old rules. Now that the Ministry of Home Affairs has asked the UT Administration to reconsider the case, it is high time the authorities took a practical view of the whole issue. The authorities should not differentiate between illegal constructions in commercial and residential areas. The business and commercial lobbies have more power and say. All so-called illegal constructions carried out almost three or four decades back within the boundaries should be regularised with minimum penalties. All notices issued in the past and cases pending in the courts should be withdrawn. Allowing only cosmetic changes, if any, will not serve any purpose. A practical and rational view is required to settle the issue to the satisfaction of all.

Suresh Verma, Chandigarh

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Let’s wait till UT sends its reply to ministry

With the aim of reducing the financial burden, the UT Administration had sent a proposal to the Centre to change the penalty rate. The proposal pertains to an amendment to the Capital of Punjab, Development and Regulations Act, 1952, to reduce the penalty rate. If this proposal had been accepted, the penalty would have been reduced to one sixth the present rate charged. But, it is too early to predict what further relief is expected from the authorities. Let us wait till the time the UT sends its reply to the MHA.

Vidya Sagar Garg, Panchkula

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Need for amending building bylaws

There should be an amendment to the bylaws to regularise need-based changes. Owners can make changes within the premises to suit their needs. Houses outside “lal dora” should not be demolished. The Administration should not ignore the HC directions and need not impose any penalty in the garb of rules. Only then can the residents of the city heave a sigh of relief.

Anita K Tandon, Kharar

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Follow pattern of Delhi Development Authority

Since there is a large number of constructions outside the “lal dora”, the Administration should come up with a scheme to regularise these. The contentious issue has elicited strong views from supporters and detractors of the plan. Political parties and villagers have been consistently asking for the extension of “lal dora” and regularisation of constructions outside it. Architects and city’s heritage conservationists are demanding that these illegal constructions should be removed to protect the character of the city. The UT Urban Planning Department, too, has consistently flagged the large-scale illegal constructions in villages of Chandigarh. Illegal constructions are mushrooming against the notified Chandigarh Master Plan – 2031, which had strongly recommended for a planned development of the peri-urban areas of Chandigarh. The department has also warned of “serious consequences” in allowing such unplanned constructions, stating that these will change the character of the planned city. Most city villages and semi-urban areas, which include Kishangarh, Mani Majra, Hallo Majra, Maloya, areas around Bapu Dham near Sukhna Choe, Khuda Ali Sher and Kaimbwala, have unauthorised constructions, which have taken the form of colonies in recent months with land mafia becoming active. While violators used to just rent out spaces in illegal constructions earlier, the sale of smaller plots had come to light recently. Unauthorised constructions picked up after the city’s villages were transferred to the municipal corporation. Significantly, the constructions are also in violation of the Punjab New Capital (Periphery) Control Act, 1952, which is applicable to areas outside inhabited area of a village. The Chandigarh Housing Board must examine the demand of residents for one-time regularisation of additional construction on the pattern of the Delhi Development Authority. Residents have been demanding regularisation of construction beyond the original and stipulated CHB regulations for a long time. The CHB has also come under criticism for issuing notices against such constructions.

Sanjay Chopra, Mohali

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Need for relaxation in building bylaws

Some relaxation in the building bylaws is the need of the hour. It has become difficult for a common man to own a house. But, if some changes can be allowed, then people can make some space to adjust the members of their extended families.

Sukhwant Bhullar, Chandigarh

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Need to review proposed penalty

The proposed penalty is very high and requires a downward revision. The average proposal of a penalty of Rs250 to Rs350 per square foot per month is very high for the owners to pay. Structure-weakening violations should not be allowed. Need-based changes such as the provision of toilets may be allowed without any penalty or owners be charged one-time fee (per square foot). Demolition which causes damage to a structure should be avoided.

Bharat Bhushan Sharma, Chandigarh

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Conduct a survey of bylaw violations

The authorities must conduct a survey of violations. In most of the residential areas, people have two balconies — one in the front and the other in the back. The respective authorities must levy a lump sum penalty calculated according to the violations and ask the owner concerned to get a new map of the building passed from a competent authority. If the authorities think that the new changes are well within the limit, then they should pass these, otherwise the owner may be asked to remove the changes.

Savita Kuthiala, Chandigarh

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Most people not aware of norms

Residents expect from the authorities that a relief should be provided in the form of reduced penalty. Some people inadvertently violate the building laws as they are not aware of the rules.

Adish Sood, Amloh

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A fresh proposal will take more time

The Ministry of Home Affairs (MHA) has asked the UT Administration to re-examine the recommendation for a revision of penalty charges being imposed for misuse of building bylaws in the city. The issue has frustrated the city residents as they do not have any clarity on the compliance of the directions. It would have been appropriate that before forwarding the proposal to the MHA, the UT authorities had taken all stakeholders on board. It would have led to a more consultative approach to solve this vexed issue. Submitting a fresh proposal to the Central Government on deciding on the penalty charges for the misuse of building bylaws will once again take more time and the UT Administration till then is going to lose crores of rupees as they will not be able to recover misuse charges. In the proposal submitted to the MHA nearly two years ago, the UT Administration had recommended fixing the penalty at 0.75 per cent of the minimum collector rate per square yard per month for misuse and violation. If the proposal had been accepted by the MHA, the penalty would have been reduced to one-sixth of the current amount. So, till a fresh proposal is prepared and submitted, the residents will not know what is in store for them. Let us keep our fingers crossed!

Dr Anil Kumar Yadav, Chandigarh

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Expect cut in misuse, violation charges

With the MHA seeking a fresh proposal regarding the misuse and violation of building bylaws from the UT Administration, residents, traders and industrialists can expect further relief in the form of reduction of building misuse and violation charges and penalty per square feet per month by the Estate Office, according to the lowest collector rates in all three categories namely residential, commercial and industrial.

Simran Sidhu, Chandigarh

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Make property freehold, allow need-based changes

The city was planned for a population of five lakh, but it has increased to about 12 lakh over the years. Its total area of 114 sq km cannot be expanded to accommodate the present population. Residents have to make additions and alterations in houses to accommodate their expanded families. Besides, the major portion of the land which is being used for industrial, commercial and residential purposes is sold on a lease basis. Since the entire money is paid for the land, which is purchased through auction or through allotment, it needs to be on a freehold basis. Apart from it, need-based changes made over the years should be regularised after paying some reasonable money as one-time settlement.

SK Khosla, Chandigarh