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Monday, 27 July 2020

EO order set aside, relief for Sec 17 property owners

Dushyant Singh Pundir

Tribune News Service

Chandigarh, July 26

In a major relief to owners of various properties in Sector 17, the Chief Administrator, UT, quashed the order of the Estate Officer wherein the appellant was directed to deposit the additional premium on account of extra floor.

The Chief Administrator, in an appeal filed by M/S Kapsons Agencies Private Limited in respect of SCOs 136, 137 and 138 in Sector 17, set aside the order issued by the Estate Office on October 6, 2017, and remanded back the matter to the Estate Officer to take a judicious decision by taking into consideration the issues raised by the counsel in the appeal, which was filed by Advocates SK Jain and Vikas Jain.

"The building plans of the site were sanctioned in 1975 and the temporary sewerage connection was taken in 1976, prior to the issuance of the notification of 1981 regarding extra floor. Then how the composition fee is demanded in the case," argued Vikas Jain. The counsel for the Estate Office failed to show anything in support of his contention and to rebut the contention of the counsel for the appellant.

In the order, SDM Nazuk Kumar, excising the powers of the Estate Officer, stated: "The imposition of composition fee on account of extra floor in this case shall be against the principles of natural justice. As per the decision taken in a meeting held on March 18, 2005, it was explicitly decided that in cases where the sewerage connection issued in the validity period prior to the issuance of notification for extra floor in 1981, it is not justified to levy composition fee in such cases and there was no condition that the building should have been constructed up to fifth floor before the issuance of notification of 1981."

The High Court in the case has also noted that "Architectural control designs of SCOs in Sector 17 were introduced only in 1981, which permitted the construction of five number of floors on payment of extra charges but such conditions cannot be applied retrospectively to the building plans already sanctioned".

The circular had been issued in 2005 for charging composition fee by the UT Administration, but the same had been approved in 2016, after a gap of 11 years only when the Punjab and Haryana High Court had issued the contempt notice for the approval of circular, said Jain.

"This case will have direct bearing on 83 cases of similar nature of Sector 17, which are still pending before the Estate Office," he said.



from The Tribune https://ift.tt/32YKIUm

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