Reject any exorbitant increase in penalty for Building Violations and Misuse of premises
Chandigarh Beopar Mandal demands constitution of a Committee to look into the Byelaws to incorporate need based changes before any penalty Law is amended or enforced
CHANDIGARH, 18 APRIL: Building Bylaws Committee delegation of Chandigarh Beopar Mandal consisting of Charanjiv Singh, Vinod Joshi, Diwakar Sahoonja, Subhash Narang today submitted the suggestions/objections to the proposed amendment in penalties in Building Byelaws to Sh. Saurabh Joshi, PCS Joint Secretary Estates along with other members of Chandigarh Co-ordination Committee. Salient features of the Memorandum are as per below:-
- Proposed increase of penalty from Rs.500/- in the original Act to be increased to up to Rs.200000/- (Rupees Two Lac Only) followed by Rs.8000/- per day is exorbitantly high and will prove fatal to the business community who have already suffered huge financial losses during the more than two years of Covid-19. CBM out-rightly rejects the proposal as it is unjustified. It may be reduced to the minimum possible in fact lesser than the neighboring states.
- The concept of annual increase of 5% is completely unwarranted since penalty should not be considered as revenue earning exercise like Water Tariff, Electricity Charges etc.
- The proposed amendment in section 15 gives blanket power to the Estate Office for initiating proceeding in contravention of any of the rules framed meaning there by that it is embarrassing within it ambit other violation of rules and terms of allotment i.e. non-payment, Sub-letting, non construction, fragmentation, non execution of lease deed/conveyance deed etc. There should not be any penalty on daily basis on these violations of rules.
- In the repeal and saving clause, it seems that these rules are being proposed to be given a retrospective effect which is unfair and unlawful; it should be made effective prospectively.
In the letter of protest CBM has strongly opposed exorbitant penalty as well as daily charges etc to be made applicable by Chandigarh Administration upon all the premises of Chandigarh as proposed in revised Law.
Chandigarh Administration should make attempts to find out ways to reduce the incidents of violation and misuse to curb incidents of violation/misuse, CBM has given many suggestions in the said Letter for sympathetic consideration by Chandigarh Administration.
Charanjiv Singh, President, CBM while suggesting ways to reduced incidence of Violation and Misuse in the city has suggested for formation of Committee to consider need base changes regarding usage of commercial building and internal changes etc as per new business trends cum needs of today before enforcing any new laws regarding penalties on misusage or building violations on commercial buildings.
Vinod Joshi, Chairman, Building Bylaws Sub-Committee, CBM said that the commercial space in the state being limited and well specified hence FAR be increased as well as coverage of mandatory open space etc in both Commercial and Industrial Area. He also proposed going into root cause of violations prior to new Laws.
Diwakar Sahoonja, Patron cum Official Spokesperson, CBM said Commerce of City needed Support and not Punishment and new exorbitant penalties will cause uprooting of many old business establishments from City