Dushyant Singh Pundir
Chandigarh, September 15
In a move aimed at curbing building violations, the UT Administration has proposed a 200 times increase in penalty i.e. from current Rs 500 to up to Rs 1 lakh for violations across all categories. Further, the fine may extend to Rs 4,000, from existing Rs 20, for each day of contravention once the offence is proved.
In an affidavit submitted before the Supreme Court, the UT stated a proposal had been sent to the Ministry of Home Affairs (MHA) on July 25 regarding amendment to the Capital of Punjab (Development amp; Regulation), Act, 1952, to incorporate enabling provisions for revision of penalty to be imposed in cases of building violations and misuse of premises in Chandigarh.
It was further submitted the rules would be formulated thereafter, specifying varying penalties for the nature of misuse/violations in different types of properties.
The UT submitted the proposal was being examined by the MHA and a final decision would be taken after consultation with ministries concerned.
The UT submitted the administration had invited suggestions/objections from general public for amendment to Act to incorporate enabling provisions for revision of penalty to be imposed in cases of building violations and misuse of premises. Accordingly, after examining the suggestions/objections received from various industrialists, owners of buildings and traders of Chandigarh, besides comments/reply of the UT Estate Officer, some amendments were proposed in consultation with the Law Department after taking approval of the UT Administrator.
Seeking an amendment to Section 13 of the Act, which relates to penalty for contravention of directions, the UT proposes: “Any person who contravenes the provisions of subsection (2) of Section 4 or 6 shall, on conviction, be punishable with fine which may extend to Rs 1 lakh and to a further fine which may extend to Rs 4,000 for each day during which the offence is proved to have continued after the first day.” The penalty would be increased by 5% annually, stated the proposal. The maximum penalty levied on any person as per sub-section (1) of Section 4 may not exceed 20% of the total value of the property calculated on the basis of prevalent collector rate on the date of adjudication, according to the proposal.
Under Section 14, which relates to penalty for contravention of Trees Preservation Order and Advertisements Control Order, the UT has proposed: “If any person contravenes any provision of the order, he shall, on conviction, be punishable with fine which may extend to Rs 1 lakh from the existing Rs 500 and a further fine of Rs 4,000 for each day of continued contravention, after the previous date of conviction, from the existing Rs 20.”
Similarly, the administration has proposed a fine of Rs 1 lakh instead of current Rs 500 for breach of rules under Section 15 of the Act. Also, an additional fine of up to Rs 4,000 per day, if the violation continues after the first conviction, has been proposed. Presently, it is Rs 20 per day. The penalty will be increased 5% annually.
The UT has also proposed that ‘Repeal and Savings’ clause be included in the amendment so that the action taken in the past under the unamended Act will have the same effect as the amended Act. In the draft notification, the UT had proposed to increase the penalty from the current Rs 500 to Rs 2 lakh. Fine for each day of contravention was also proposed to be increased from Rs 20 to Rs 8,000 per day. However, in the final proposal, the penalties have been halved.
200 times hike in penalty sought
Rs 1 LAKH, up from Rs 500 for building, tree amp; ad violationsRs 4,000, up from Rs 20 for each day of contravention once proved5% annual hike in penalty for violations across all categories20% cap on individual levy, not to exceed total value of property
Centre examining admn proposal
In an affidavit, UT has told SC a proposal had been sent to MHA seeking amendment to the Capital of Punjab (Development amp; Regulation) Act, 1952Rules specifying penalties for the nature of misuse/violations in different types of properties will be formulated once the law is amendedUT has sought inclusion of ‘Repeal and Savings’ clause to ensure action taken in past under unamended Act will have the same effect as amended ActThe proposal is being examined by the MHA and a final decision will be taken after consultation with ministries concerned
Halved from initial levy
In draft notification, UT had sought penalty hike of up to Rs 2L and Rs 8,000 daily fine for contravention. In final proposal, penalties have been halved
