Ex-MP urges Home Minister to ask Chandigarh administration not to impose penalty at enhanced rate
Chandigarh , Aug 6: Former MP Pawan Kumar Bansal has written to Union Home Minister Amit Shah urging him to ask the Chandigarh administration not to seek penalty from occupiers of property in Chandigarh at the enhanced monthly rate of Rs 500 per sq. ft. for any alleged building violation or misuse.
Former Union Minister Bansal said that no such authority vested with the administrator to take any action which had the effect of amending an Act, which is the jurisdiction of Parliament alone.
"This unconscionable increase in the penalty was effected without due application of mind and has led to extreme distress and hardship to the occupiers of commercial, industrial and residential properties in Chandigarh. These charges, violative of the Act, now run into crores of rupees, even more than a thousand times of the original cost of the property, in many cases," he said.
Bansal also said that the Punjab and Haryana High Court had declared the Estate Rules to be ultra vires of the Act and had directed the Administration to move, if it so desired, for amendment of the Act.
"The matter is since pending in the Ministry of Home Affairs. It will be only in the fitness of things that you kindly direct the Chandigarh Administration to suspend any such recovery process till the time the Act is amended by the Parliament," Bansal added.
Further, Bansal urged the Home Minister for amendment of the relevant rules since with the passage of time, the nature of the use and requirement of property had undergone tremendous changes like the need to cover the open back courtyards.
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