Panel to review 2023 policy on need-based changes in CHB units

Hanging fire for the past three years, the UT Administration has finally constituted an 11-member committee to review the policy on need-based changes in dwelling units of the Chandigarh Housing Board (CHB) notified on January 3, 2023. The notification was put on hold after the order of the Supreme Court dated January 10, 2023.

The committee has been asked to submit its report within three weeks. Punjab Governor and UT Administrator Gulab Chand Kataria had directed the Administration to constitute a high-level committee to examine and review the issues concerning the policy, after members of Residents Welfare Associations of CHB residences repeatedly requested him to look into the cases of building violations. The members demanded regularisation of the need-based changes carried out in their houses.

Accordingly, UT Chief Secretary and CHB Chairman H Rajesh Prasad constituted the committee, headed by the UT Secretary Estate for reviewing the policy. It will review the need-based changes already notified on January 3, 2023, keeping in view the judgment of the Supreme Court dated January 10, 2023, and submit its report within three weeks.

Other members of the committee include the Chief Executive Officer, CHB; UT Legal Remembrancer; Secretary, CHB; UT Chief Architect, Senior Town Planner; CHB Chief Engineer, Chief Accounts Officer, Senior Law Officer, Architect; and Enforcement Officer of CHB, as member convener.

The notification issued on January 3, 2023, had superseded all previous orders related to need-based changes in CHB dwelling units.

However, the Supreme Court judgment dated January 10, 2023, directed that the Chandigarh Administration shall freeze the floor area ratio (FAR) and shall not increase it any further.

Thereafter, the matter was deliberated by the CHB Board of Directors in its meeting held on February 27, wherein the zoning norms for independent houses were discussed, with reference to the board meeting held on May 9, 2023.

Officials stated that the previous need-based changes would be reviewed to cross-check for conformity with building laws/rules/court directions, and any violation of the Supreme Court directions/guidelines in any case will be treated stringently including disciplinary proceedings.

A member of the Board said the notification was issued on January 3, whereas the order was passed by the apex court on January 10, and as such, the order could not be implemented retrospectively.

The SC order prohibits property fragmentation, banned floor-wise division, and freezing FAR in Sectors 1-30 (Phase 1), whereas, CHB dwelling units are not located in these sectors and if the policy was implemented, it would provide relief to occupants of nearly 30,000 dwelling units who had been issued notices for violations of the building bylaws.

The house owners have been opposing the January 2023 notification, claiming it reverses previous relaxations and categorises these as violations. The board has revised its need-based policy five times since 2010.

The CHB allottees have demanded the withdrawal of the policy and the provision of a comprehensive alternative.

The policy prohibits construction in front of middle-income group (MIG) duplex flats and extra room on the first floor in duplex ones. Approximately 55,000 of the 62,000 dwelling units have violations, including additional rooms, converted balconies, covered courtyards, etc.

The first need-based policy was notified on March 23, 2010, followed by policies on July 7, 2015; February 18, 2016; February 15, 2019; and on January 3, 2023.

In the policies notified in 2010, 2015 and 2016, the board had allowed the construction of a projection/balcony in front of MIG duplex flats with pillars below. However, it was rejected in the policies of 2019 and 2023 and termed as violation.

Similarly, the CHB had allowed the construction of an extra room on the first floor in duplex flats over the roof of the proposed ground floor room in the policies of 2010, 2015, 2016 and 2019, but it was forbidden for residents of Sector 41-A in the new policy.