Misuse of site: Major relief for city industrialists

Tribune News Service

Chandigarh, March 18

In a major relief to industrialists, the Chief Administrator-cum-Finance Secretary, Ajoy Kumar Sinha, ruled that they can’t be fined for the misuse of industrial sites on the basis of a notification issued in 2002. Setting aside the order of the Estate Office in this regard, the Chief Administrator directed the Estate Office to determine the case in terms of contentions raised by the appellants.

Owners of Industrial Plot No. 449 had challenged the orders, issued on November 27, 2015, and March 23, 2016, by which they were asked to deposit around Rs 30 lakh in fine for the misuse of the industrial site.

The Estate Office calculated the misuse charges as the site was used as a godown for TVS Motors against the terms and condition of the allotment . As per the lease deed, the site could only be used for a printing press.

Upon finding the “misuse”, the Estate Office served the notices on the owners and the occupiers under the Chandigarh Leasehold Site and Building Rules, 1973. When the present owner applied for the transfer of property in their name, the Estate Office directed them to deposit Rs 30,01, 293 in misuse charges.

While pleading the case before the Chief Administrator, they contended that there was no provision for the imposition of the penalty under Chandigarh Leasehold Site and Building Rules, 1973, thus the Estate office could not demand misuse charges. Vikas Jain contended that the notification, issued on June 2, 2002, mentions misuse charges only for the residential and commercial properties.

The notification nowhere mentions misuse charges for industrial sites, he contended.