Commission tells Chandigarh Housing Board to pay Rs 5L to house owner

Tribune News Service

Chandigarh, December 26

Terming the demolition carried out by the Chandigarh Housing Board (CHB) in a house of Sector 38 house a bizarre example of violations and breach of rules of law, the State Consumer Disputes Redressal Commission has directed the board to pay a compensation of Rs 5 lakh to its owner for causing him mental agony and harassment.

The commission has also directed the CHB to pay Rs 50,000 as litigation cost to the owner.

Ajay Kumar Batta, a resident of Ferozepur, Punjab, in a complaint filed through advocate Sandeep Khunger, said he submitted an application before the CHB for regularising the changes made in the rear courtyard as per a notification issued by the board. On the directions of the CHB, he also deposited Rs 24,791 in charges for the same. But, without taking a final decision on the matter pending for regularisation of need-based changes, a challan was issued to him by the CHB, mentioning therein that there are constructions/alterations in the house in contravention of the Chandigarh Building Rules (Urban), 2017, and he was advised to stop the construction. He said no construction was going on at that stage because the need-based changes had already been raised and the documentation in this regard submitted by him to the CHB.

Batta said all of a sudden on February 17, 2020, when only the servant was at home, CHB officials, along with five or six labourers and demolition machines, reached his house. They broke the locks on the main gate as well as the sliding door of the drawing room to enter the house. The labourers were made to enter from the rear side by using a ladder and the glass of the kitchen window was also smashed.

He said demolition in the dwelling unit was clearly against the notification dated July 19, 2019, wherein a temporary exemption from immediate demolition had been granted up to December 31, 2020, and the requisite charges so mentioned in the order had also been deposited by him.

The CHB denied the charges and claimed that during a survey carried out by the enforcement staff, it was found the illegal construction was in progress at the house.

After hearing the arguments, the commission, comprising Justice Raj Shekhar Attri, president; Padma Pandey, Rajesh K Arya and Preetinder Singh, all members, held the CHB guilty of deficiency in services. The commission observed that the case was a bizarre example of violations and breach of rules of law by the CHB, which had demolished a room on the first floor, though the complainant had deposited the requisite amount for the regularisation of need-based changes carried out in his house.

The action on the part of the board officials cannot be said to be bona fide, especially, the manner in which they entered into the building from the back of the house by using a ladder. Such acts of the opposite parties amounts to deficiency in providing service, negligence and adoption of unfair trade practice, which entitles the complainant to be compensated for suitably.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

#Chandigarh Housing Board CHB