
MHA seeks Admn's comments on key issues of public interest
In a letter to the UT chief secretary, the MHA requested the administration's comments, views, report, and current status on major issues. The letter lists the issues as share by sale of property, need-based changes in dwellings, apartments, and houses constructed by the Chandigarh Housing Board, abolition of the concept of Lal Dora in 22 villages of Chandigarh which have been made a part of the MC and ownership rights of people living in resettlement colonies.
The latest MHA letter gains significance as earlier, the administration responded in the negative on all these issues while responding to questions raised in Parliament.
Abolition of Lal Dora
A total of 22 villages in Chandigarh were included in the MC between 2015 and 2018. Over the years, large-scale construction took place outside the Lal Dora of these villages. For a long time, residents have been demanding regularisation of these constructions by either abolition or extension of the Lal Dora.
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This became a major election issue, with all parties including it in their election manifestoes.
Last August, the MHA said in reply to a question raised by Chandigarh MP Manish Tiwari, "As per 'The Punjab New Capital (Periphery) Control Act, 1952', no person is allowed to erect or re-erect any building in an area outside Lal Dora without the previous permission of the deputy commissioner. Any construction outside Lal Dora without the approval of the competent authority is a violation of this Act."
Allowing need-based changes
More than three lakh city residents living in CHB houses have been demanding a permanent solution to the issue of need-based changes. Over the last 45 years, need-based changes were made in around 95% of the units. Residents have been demanding a one-time scheme on the pattern of the "Delhi solution."
In Chandigarh, the administration came up with notifications on need-based changes four times but could not solve the problem.
Responding to a question on allowing such changes, the MHA said in July last year, "Certain need-based changes were allowed in relaxation of Chandigarh Building Rules, 2017 by the Chandigarh Housing Board. Chandigarh administration considered the requests in 2022 and decided that the said requests on the Delhi pattern cannot be allowed since Chandigarh is a planned city with a unique architectural character and has high vulnerability to earthquakes as it falls in seismic zone-IV, and unauthorised violations may pose a threat to human life and public property.
"
Share by sale of property
In its January 10, 2023 order, the Supreme Court banned conversion of houses into floor-wise apartments in sectors 1 to 30, saying that these sectors carried heritage status. The SC held that the administration shall not sanction any plan of a building which ex-facie appears to be a modus operandi to convert a single dwelling unit into three different apartments occupied by three strangers.
Following the order, UT imposed a ban on registration for share transfers outside the family and approval of building plans for properties co-owned by strangers or non-family members. Since then, many residents have been demanding revocation of the ban on the grounds that the administration misinterpreted the SC order.
The MHA, in response to a question by Tiwari in Lok Sabha on the issue last December, stated, "The subject matter of the question is sub-judice before the Punjab and Haryana High Court."
Ownership rights for people in resettlement colonies
Lakhs of slum dwellers were rehabilitated in colonies with dwelling units leased out to residents for a specific time period on a monthly fee (rent) basis. Many of these colonies are nearing expiry of the lease period and residents are concerned about what will happen afterwards. Since 1980, the UT has constructed 34,965 units in different rehabilitation schemes.
In February, the MHA said in the Lok Sabha, "These houses were allotted to economically weaker sections of society on a monthly licence fee or leasehold basis.
There is no provision of granting ownership rights in these rehabilitation schemes."
Issues In A Nutshell
Share by sale of property
--SC banned conversion of houses into floor-wise apartments in sectors 1–30
--UT imposed restrictions on share transfers outside families
--The matter is currently sub-judice in Punjab and Haryana high court
Need-based changes in CHB Houses
--Over 3 lakh residents affected
--95% of CHB units have undergone changes over 45 years
--UT rejected Delhi-style solution citing architectural integrity and seismic risks
Abolition of Lal Dora in 22 Villages
--Villages included in MC between 2015–2018.
--Residents demand regularisation of constructions outside Lal Dora
--MHA cited Periphery Control Act, 1952 prohibiting such constructions
Ownership rights in resettlement colonies
--34,965 units built since 1980 for EWS
--Allotted on lease/licence basis
--No provision for granting ownership rights, says MHA
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