Disposed

Customs & Central Excise Executive Officers Coop. v. Chandigarh Admn. and Ors.

Punjab & Haryana HC4 Oct 2016CWP/8782/2012

Case brief

AI extract

What is this about?

The Chief Administrator-directed issuance of Occupation Certificates. The Court modified an interim order to release funds in FDR accounts. The petition was disposed of based on the Administrator's decision and the modified interim order.

What did the court decide?

The order dated 04.02.2014 modified to direct release of FDR amount with interest to the Executive Engineer. The writ petition disposed of in consequence of the Chief Administrator's order.

Customs & Central Excise Executive… — Pension and Retirement Benefits | Punjab & Haryana HC (2016)

¶1

CWP-8782-2012

¶2

- 1 -

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CWP-8782-2012 Date of Decision: October 04, 2016

¶5

Customs & Central Excise Executive Officer Coop.

¶6

.....Petitioner

¶7

Versus

¶8

Chandigarh Administration and others

¶9

......Respondents

¶10

CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

¶11

1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No

¶12

3. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4. To be referred to the Reporters or not? Yes/No 5. Whether the judgment should be reported in the Digest? Yes/No.

¶13

.......

¶14

Present: Mr.Surender Lamba, Advocate for the petitioner.

¶15

Mr.Ashish Rawal, Advocate for Chandigarh Housing Board.

¶16

Mr.Suvir Sehgal, Sr.Standing Counsel and Mr.Vikas Chatrath, Standing Counsel for UT, Chandigarh.

¶17

Ms.Deepali Puri, Advocate for respondent Nos.4 and 5.

¶18

SURYA KANT, J.

¶19

[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

¶20

consumption.

¶21

[2] Some of the undisputed facts are that the petitioner-Society was

¶22

Meenu 2016.10.21 09:54 I attest to the accuracy and authenticity of this document chandigarh

¶23

CWP-8782-2012 - 2 -

¶24

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.

¶25

[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:-

¶26

“ . the Societies have adhered to the permissible built up mass;

¶27

. the number of apartments and the area under the footprint of the blocks has not been violated;

¶28

. therefore, the open area has also not been reduced;

¶29

. 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;

¶30

. which naturally has resulted in slight reduction in width of greens by 10 ft-12 ft.;

¶31

. 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.

¶32

Meenu 2016.10.21 09:54 I attest to the accuracy and authenticity of this document chandigarh

¶33

CWP-8782-2012

¶34

- 3 -

¶35

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.

¶36

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.

¶37

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.”

¶38

[4] In deference to the above reproduced decision, the Estate Office,

¶39

UT, Chandigarh, has vide Memo dated 02.09.2016 sent reminder to all the similarly placed Societies asking as follows:

¶40

“ 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.

¶41

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,

¶42

Meenu 2016.10.21 09:54 I attest to the accuracy and authenticity of this document chandigarh

¶43

- 4 -

¶44

CWP-8782-2012

¶45

the contents of the Indemnity Bond is as under:-

¶46

`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'.

¶47

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.”

¶48

[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 alongwith 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.

¶49

[6] Learned Senior standing counsel has pointed out an inadvertent mistake in the interim order passed on 04.02.2014 regarding release of

¶50

Meenu 2016.10.21 09:54[6] I attest to the accuracy and authenticity of this document chandigarh

¶51

CWP-8782-2012 - 5 -

¶52

amount which was lying in the FDRs in the State Bank of Patiala, High Court Branch, High Court, Chandigarh.

¶53

[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 alongwith interest accrued thereupon in favour of the Executive Engineer, Operation Division No.III, UT, Chandigarh.

¶54

[8] With these observations, the writ petition stands disposed of accordingly.

¶55

( SURYA KANT ) JUDGE October 04, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE

¶56

Meenu 2016.10.21 09:54 I attest to the accuracy and authenticity of this document chandigarh

Customs & Central Excise Executive Officers Coop. v. Chandigarh Admn. and Ors.

Case brief

What is this about?

What did the court decide?

Customs & Central Excise Executive Officers Coop. v. Chandigarh Admn. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarabjit Kaur and Anr. Vs Union of India & Ors.

Suresh Kumar Vs State of Haryana and Ors.

Adept Warehousing & Logistics Vs State of Haryana and Ors.

Nepal Vs State of Haryana and Ors.

Nanak Chand Vs D.R.O-Cum Land Acquisition Collector and Anr.

Sukhjit Singh @ Sukha Vs State of Punjab