RSA MOTORS PVT. LTD. Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Application to place on record order dtd. 18/8/2023 passed by the Estate Officer as Annexure P-19, is allowed. Annexure P-19 is taken on record. Office to append the same at the appropriate place.

(2.) The building in question is stated to on Plot No.24, Industrial Area, Phase-I, Chandigarh having a 11 storey building for which huge conversion fees of Rs.16.00 crores had been paid for change from industrial to commercial usage. The first show cause notice dtd. 21/7/2023 (Annexure P-11) has been issued by the Sub-Divisional Magistrate exercising the powers of Estate Officer, U.T. Chandigarh. The same was on account of the fact that there was alteration in the building without prior permission of the Chief Administrator and the planning of various floors had been partially changed and there had been excess coverage and various offices had been merged and there was total violation of area measuring 72328.52 square feet. The said notice was issued under Rule 14 and Rule 10 of the Chandigarh Estate Rules, 2007 (for short '2007 Rules') read with Sec. 8-A of the Capital of Punjab (Development Regulation) Act, 1952. The said notice apparently has been replied on 2/8/2023 (Annexure P-12 to P-14) which is still pending consideration, wherein various explanations have been given including the fact that there is no violation regarding certain floors.

(3.) Similar notice was issued by the same officer on 28/7/2023 (Annexure P-15) wherein additional objections regarding the basement level and vehicle parking was taken under the same rules. The reply of the same has been given on 8/8/2023 (Annexure P-16) wherein it was replied that the Basement Level-1 measuring 1260 square feet was being used for Service Station of Cars and within permissible limits and it does not constitute any misuse, since the service area is 80:20 which is permissible under Rule 10.A (xv) of the 2017 Rules. The consideration on that notice is also stated to be pending.