Building misuse charges: Panel raises proposed hike in penalty with Mayor, Deputy Mayor

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Chandigarh, April 16

Members of the Chandigarh Coordination Committee, which was formed to oppose UT’s proposal of amendment of the Capital of Punjab (Development and Regulation) Act, 1952, met Mayor Sarbjit Kaur Dhillon and Deputy Mayor Anup Gupta today.

In the meeting, the committee members apprised the Mayor and the Deputy Mayor of the 400-time hike in penalty amount for violation of building bylaws proposed by the UT Administration in the draft public notice. On this, the Mayor and the Deputy Mayor assured the committee members that they were with them on this issue and would it take up with the UT as well.

The Mayor and the Deputy Mayor said they would also try to hold a meeting of the committee members with UT Administrator Banwari Lal Purohit on this issue.

The committee, a joint forum of traders, industrialists and residents welfare associations (RWAs), represents more than 15 associations. The members will also file their objections to the UT’s proposal at the UT Secretariat in Sector 9 here on Monday.

“Any person who contravenes the provisions of sub-section (2) of Section 4 or Section 6 of the Act shall, on conviction, be punishable with fine, which may extend to Rs. 2 lakh, and a further fine, which may extend to Rs. 8,000 for each day during which the offence is proved to have continued after the first day,” said the draft amendment with respect to the building misuse violations. The penalty was also proposed to be increased by 5 per cent annually. However, the maximum penalty levied on any person may not exceed 20 per cent of the total value of the property calculated as per the prevalent collector rate on the date of adjudication.

Expressing similar views, the Property Federation Chandigarh also decided to oppose this notice in one voice. The increase in penalty was completely unwarranted since the penalty proposed was already higher and there was no legal basis for increasing it year after year, said Kamaljit Singh Panchhi, president of the federation.

He said the Indian Penal Code, which was enacted in 1860, still prescribed for the same penalty and the legislature had not increased the same even after more than 160 years, whereas the present Act, which is 70 years old, was being proposed to be amended by raising the penalty 400 times from Rs. 500 to Rs. 2 lakh and further Rs. 8,000 per day for continuation of contravention is unjustified.

The federation urged the UT Administrator to constitute a committee under the chairmanship of the UT Adviser where representatives of various associations should also be members and take decisions after healthy discussions on issues.