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2016 DIGILAW 2861 (PNJ)

Customs & Central Excise Executive Officer Coop v. Chandigarh Administration

2016-10-04

SUDIP AHLUWALIA, SURYA KANT

body2016
JUDGMENT : SURYA KANT, J. 1. The instant writ petition filed by the Customs & Central Excise Executive Officer Cooperative House Building Society, Sector 49-D, Chandigarh seeks a writ of mandamus to direct the Chandigarh Administration, Chandigarh Housing Board and Municipal Corporation, Chandigarh, to charge `water tariff' at the rate prescribed for domestic consumption. 2. Some of the undisputed facts are that the petitioner-Society was allotted land by Chandigarh Administration on 24.01.2002 in Sector 49-D, Chandigarh for construction of multi-storeyed residential apartments. The Society constructed the same and such apartments are now occupied by its members. As the Society was not issued `Occupation Certificate' by the Estate Office, Chandigarh, Municipal Corporation Chandigarh expressed its inability to supply water at the rate prescribed for domestic consumption. Hence this petition. 3. Certain developments have taken place during pendency of the writ petition, therefore, it is not necessary for us to go into the rival submissions to be made on behalf of the parties. Suffice it to mention that the Chief Administrator-cum-Finance Secretary, UT Administration has come forward and taken a fair, just and equitable decision on 02.03.2016, the relevant extract whereof are to the following effect:- “the Societies have adhered to the permissible built up mass; the number of apartments and the area under the footprint of the blocks has not been violated; therefore, the open area has also not been reduced; there have been minor variations in placement of blocks, which presumably and as per observations of the SDOs as well, has been done to increase the road berms by upto 5 ft -6 ft so as to improve the building to building distance and leave some space in front of apartments; which naturally has resulted in slight reduction in width of greens by 10 ft-12 ft.; in some cases, the overall height of the blocks including the stilt and the storeys built thereupon is more than the permissible, by a maximum of 10 inch/12 inch. In nutshell, the basic plan of the Societies has not been violated barring the above mentioned minor variations. Apart from these there are some minor deviations in individual apartments such as putting glazing in the balconies and increasing the sunshade width on the window etc. In nutshell, the basic plan of the Societies has not been violated barring the above mentioned minor variations. Apart from these there are some minor deviations in individual apartments such as putting glazing in the balconies and increasing the sunshade width on the window etc. On account of above factors, the Occupation Certificates of the Societies have been withheld for over a decade, which is causing agony to the Members as it causes hurdles in transfer of lands to the Societies and thereafter in transfer of Membership/flats. Even more important pinching to the dwellers is the higher rate of water, they had to pay. Considering the totality of the circumstance, I exercising the powers of the Chief Administrator hereby allow the approval of the plans of the Societies with above said minor deviations and order that the Occupation Certificates be issued immediately to them, provided there are no dues. The above said minor unit-to-unit deviations may be dealt by the Building Branch by issuing notices as per past practice to the individual house owners/dwelling units, as is done in case of other Societies, where the Occupation Certificates already stand issued.” 4. In deference to the above reproduced decision, the Estate Office, UT, Chandigarh, has vide Memo dated 02.09.2016 sent reminder to all the similarly placed Societies asking as follows: “In continuation to this office memo.No.506-508 dated 09.06.2016 and subsequent reminder dated 03.06.2016 on the subject cited above. You are once again requested to submit the completion plan as per Rule 18 showing changes made at site from the sanctioned plan and authenticated by the Pvt. Architect submitting the certificate in Form `E' and also showing all setbacks, number of blocks, number of dwelling units, latest photographs of all blocks and indemnity Bond, the contents of the Indemnity Bond is as under:- `That the individual house owner of dwelling unit will not claim any relaxations of building violations on the basis of Occupation Certificate issued to them, as the relaxations given are only for the issuance of Occupation Certificate. The individual house owner of dwelling unit will bound to abide all the building bye-laws, instructions given by the Estate Office time to time, liable to pay dues found pending at any stage. The individual house owner of dwelling unit is bound to remove all the building violations, sanctioning of Revised Building Plan as per Rules'. The individual house owner of dwelling unit will bound to abide all the building bye-laws, instructions given by the Estate Office time to time, liable to pay dues found pending at any stage. The individual house owner of dwelling unit is bound to remove all the building violations, sanctioning of Revised Building Plan as per Rules'. It is also pertinent to mention here that the case for granting of Completion Certificate can be processed after the receipt of above said documents.” 5. In view of the decision already taken by the Chief Administrator to issue `Occupation Certificate' to the Societies like the petitioner subject to completion of requisite formalities and further subject to clearance of pending dues, if any, learned counsel for the petitioner submits that revised site plan showing the changes made at the site, duly authenticated by the private Architect shall again be submitted in the prescribed format within two months along with indemnity bond etc. On doing so, let `Occupation Certificate' be issued to the petitioner-Society within two months thereafter. Till such `Occupation Certificate' is issued, the Municipal Corporation shall continue with the relaxation already granted by the UT Administration/ Municipal Corporation regarding charging of water tariff at the rate prescribed for domestic consumption. Once the `Occupation Certificate' is issued, the members of the petitioner-Society, in any case, shall be entitled to pay water tariff at the rate prescribed for domestic consumption. 6. Learned Senior standing counsel has pointed out an inadvertent mistake in the interim order passed on 04.02.2014 regarding release of amount which was lying in the FDRs in the State Bank of Patiala, High Court Branch, High Court, Chandigarh. 7. The order dated 04.02.2014 is modified and it is directed that the amount of FDR lying in the State Bank of Patiala, High Court Branch, Chandigarh, be released along with interest accrued thereupon in favour of the Executive Engineer, Operation Division No.III, UT, Chandigarh. 8. With these observations, the writ petition stands disposed of accordingly.