Decades of delay: UT's commercial core caught in approval deadlock

Time of India

7 days ago

Chandigarh: Infamous for long delays and harassment it regularly metes out to the city residents in granting different requisite approvals, the estate office has outdone even itself in a case of more than 80 commercial properties in Sector 17, wherein applications for the revised plans and show cause notices are pending for decades now.
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The sordid saga started nearly four decades ago, after the Chandigarh administration implemented the amended architectural controls in 1981. The estate office retrospectively enforced the code on the commercial buildings with sanctioned building plans, having a completion certificate with permission to occupy.
Thereafter, when the owners submitted their revised building plans to make requisite changes in their buildings, the estate office demanded payment of a composition fee.
But that was not the end of the matter. In nearly all of such cases, the applications of revised building plans are still stuck at the Assistant Estate Office (AEO) for decades now without any decision being made on these—neither rejection nor approval being granted.
"We constructed a commercial building in 1978 in Sector 17 in line with the duly sanctioned building plans for the basement, ground, first, second, third, and fourth floor.
The sewerage connection to the building was granted, and a completion certificate with permission to occupy was also granted in 1979. In 1991, we submitted the revised building plans for making some requisite changes in the building within the scope of the permitted changes allowed in the city's architectural control.
But the estate office served us with a show cause notice and demanded payment of a composition fee in terms of the amended Architectural Controls of 1981," said an owner of one such property, requesting anonymity.
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This owner, like many others who were served with similar show cause notices, appealed against the notice with the Assistant Estate Officer (AEO) where the matter is still pending. "All we are getting are postponements of proceedings. It is date after date for the last 15 years. In some cases, it is even much more than this," said the owner.
The property owners have contended that they constructed the buildings as per the sanctioned building plans, and the administration's contention about an 'extra floor' being constructed is baseless.
"The extra floor is being alleged on the basis of Architectural Controls of 1981. But the constructions were as per the norms in force before it," said another owner whose case is pending for now more than two decades.
Relief Given, Then Withdrawn
After repeated complaints over long-pending cases and estate office notices, a committee chaired by the UT Finance Secretary (also Chief Administrator) met in March 2005 to address the issue of alleged extra floors in Sector 17 buildings.
The committee concluded that no composition fee should be levied if:
Building plans were sanctioned for ground plus four floors.
Sewerage connection was issued before the 1981 notification.
A completion certificate was obtained before the fee imposition.
However, in cases where completion was not certified before 1981—even if plans were sanctioned—the fee was deemed justified.
Despite this relief, owners continued to face delays.
Cases were sent to the Chief Administrator's office for clarification, but decisions remained elusive. One owner noted that directions were issued in 2011, yet no resolution has followed.
To make matters worse, the UT Administration later withdrew the 2005 order, plunging the issue back into uncertainty.
"The composition fee is yet to be fixed and decided. We have submitted with the competent authority that the composition fee be fixed at the earliest. I will examine the reasons for the delay in cases and action will be taken"
Nishant Kumar Yadav | Deputy Commissioner and Estate Officer