Chandigarh Social Welfare Council
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Office: # 194-C, Sector 51-A, Chandigarh Fax +(91)172-504-5151 Cell: +91-9888-255-128,+91-9872-087200 _____________________________________________________________________________________________________
Housing in any city anywhere in the world is something that is most cherished by people. By Satish Chandra Sharma, M.A.
Housing in any city anywhere in the world is something that is most widely cherished by people and Chandigarhians are no different. When affordable housing schemes were launched by the Chandigarh Administration, it got tremendous response. However, the gains that could accrue were lost under the drain owing to administration’s apathy in formulating, implementing the schemes. On more than one occasion, people were forced to approach the High Courts to seek justice.
The history was replicated in each and every scheme that the administration launched. So while implementing the scheme of 1991 for allotment of land to Cooperative house building societies for further allotment to their members by constructing Dwelling Units (DUs). The land to societies was allotted on lease hold basis. Whereas statutory rule allowed transfer of such dwellings five years after the allotment of land to the society. Chandigarh Housing Board, a nodal agency of the administration, incorporated this rule to read five years after the completion of the DUs
For years together, this anomaly was not corrected and innocent occupiers of these DUs, remained on the suffering side. When this was noticed by those who knew the statutory rules, the anomaly was corrected and presented in the form of a relief to occupiers of the DUs.
As a fall out of the High Court directions, the societies were asked to complete deposit of earnest money of 25% @ Rs. 750/- PSY But before any of these societies were allotted land, the rate of land was refixed @2500/- P.S.Y. on lease hold basis and @ 2850/- P.S.Y. for free-hold basis in 2000. The 61 remaining societies were asked to complete 25% E.M. at the revised rate. Presently, 57 societies were to be allotted land on free-hold basis. The Chandigarh Administration has allocated 63.436 acres of land to 31 societies in Sec-48, 49 & 51. This was widely resented.
The administration failed to respond to the fact that while it had accepted earnest money @ Rs. 750/-, it was now asking for more money from them to make them eligible for allotment of land. This, societies alleged, was discriminatory as they could not be charged the new rate after payment of earnest money several years ago
Another factor that was hampering allotment of land was that the land stood encroached upon, which it had to clear to facilitate allotment to societies, which was eventually done in the year 2002. The land to such societies was allotted on free hold basis. Ironically
Chandigarh Social Welfare Council
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Office: # 194-C, Sector 51-A, Chandigarh Fax +(91)172-504-5151 Cell: +91-9888-255-128,+91-9872-087200 _____________________________________________________________________________________________________
Administration failed to notice the fact that when land is allotted on free hold, the transfer of interest and title is “unfailing inalienable, and total” It continued to feel and act as a lessor of the land, which is legally void. Without any iota of doubt, such allottees were subject to certain laws/rules that related to construction as per master plan. It was here that the administration grossly erred. It moved a policy to allow transfer of flats on the names of the GPAs on payment of an “unearned increase”. This was sought when lock in period for allowing transfers has already elapsed. Neither the administration bothered to see as to how it could charge any unearned increase on DUs for which land was allotted on free hold basis?. And why it did not evolve a criterion of allowing conversion of leasehold flats to free hold as was done in case of Chandigarh Housing Board Flats.?
Whereas The Chandigarh Conversion of Residential Lease Hold Land Tenure into free hold Land Tenure Rules, 1996, allowed conversion from lease hold to free hold to holders of parcels of land in cooperative societies and the flats of the Chandigarh Housing Board on nominal charges, as prescribed in the rules, such a provision was not applied to occupiers of the Society flats. These people were subjected to discrimination owing to faulty acts of the Chandigarh Housing Board which had changed the statutory rule of transfer from five years from allotment of land to 5 years from the date of completion.
And whereas violations created by allottees/GPAs were not taken into account while transferring a flat, norm of completion certificates was faithfully enshrined on the societies. Many were denied grant of completion certificates on this very count. Such societies shall suffer in silence. Violations caused by individuals were compounded on all.
And there is no end to the miseries of the holders of the general power of attorney. Despite mooting of a policy on the substitution, and grant of power to the General Bodies of the Societies to allow such substitutions in the society. Hon’ble Punjab and Haryana had directed substitution on payment of Rs. 50,000/-, Rs.35000/-, Rs. 25000/- for category A, B, C members of the society.
And while rules authorize the societies to issue new shares and transfer old shares, it is beyond simple comprehension as to how the administration can lord over the authority granted to societies under rules. Neither the administration has ever explained as to which specific rules it is making resort to justify the levy of unearned profit. Avenues do exist, whereby rules could be made people friendly in a broader perspective of “Administration
Chandigarh Social Welfare Council
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Office: # 194-C, Sector 51-A, Chandigarh Fax +(91)172-504-5151 Cell: +91-9888-255-128,+91-9872-087200 _____________________________________________________________________________________________________
Of the people, by the people and for the people” and it should have moulded its actions likewise.
It is high time of the intelligentsia, media, and even judiciary to introspect on the issue and come out boldly to rescue hapless holders of the GPAs in cooperative house building societies. I repeat such introspection by people who can impact the wrong doing of the administration is the only hope besides intervention by Home Ministry.
Satish Chandra Sharma,
General Secretary. Chandigarh Social Welfare Council
Res.cum off: # 1605, Progressive Society, Sector 50-B, Chandigarh
Phone 0172-4659064, Cell: 9888-255-128
Link: http://schandrai.blog.co.in
