Vital analysis of GPAs in cooperative House Making Modern society at Chandigarh Housing in any city everywhere in the world is something that is most cherished by men and women. A roof on your head is must. Nevertheless, with rising population and nuclear families, paucity of accessible land in the metros and little cities, governments are acquiring substitute ways of providing affordable Homes. The circumstance bought no unique in Chandigarh. Subsequent the trend in other cities,
Chandigarh administration also formulated a plan the place it would allot land on chunk foundation by way of Chandigarh Housing Board for building of Dwelling units (DU) to be allotted to its eligible members. The onus of establishing the land and building of the DUs rested on the management of the cooperative residence constructing societies. The notion of the plan was mooted in the late eighties and allotment of land to cooperative residence constructing societies infact was built in the 1992. Below this plan members of the cooperative housing societies were allotted plots. Need to have for much more housing was felt and Chandigarh administration determined to develop third section sectors from Sectors forty eight to 51.The method of attaining land was continuosly delayed due to courtroom cases and other good reasons. Miffed at this, Shri Satya Pal Jain, the then MP from Chandiarh demanded central intervention to take care of the subject. The then Administrator U.T. Chandigarh Shri BKN Chhibber experienced stated in Oct 1999 that the Administration was in the method of attaining land for the housing societies, which would be concluded by this calendar year, benefiting a total of 7,373 members of 64 this kind of societies. He stated that the challenge of allotment of land to them was hanging fire since a extended time due to litigation and various other difficulties, which experienced now been settled by the Administration and land to the societies would be allotted in the third section of Chandigarh before long. A plan termed the “Chandigarh Allotment of Land to Coop.House Making Societies Scheme, 1991” vide notification dated 28.5.ninety one.
The Chandigarh Housing Board was built the nodal agency for utilizing this plan. Qualified Coop. House Making Societies were requested to send out the apps/files of their eligible /screened members alongwith twenty five% tentative expense of land @750/- P.S.Y. in Oct/Nov., 1991, for generating an assessment of the need, there was no motivation for allotment Some of the societies went to the Hon’ble Superior Court versus particular provisions of the plan.The writ submitted by the petitioners was dismissed on 18.twelve.96 & the societies were requested in Nov./Dec. 1997 to deposit 15% equilibrium to entire twenty five% of the tentative expense of land alongwith curiosity inside 2 months. Ahead of any of these societies were allotted land, the rate of land was refixed @2500/- P.S.Y. on lease keep foundation and @ 2850/- P.S.Y. for no cost-keep foundation in 2000. The 61 remaining societies were requested to entire twenty five% E.M. at the revised rate. Presently, 57 societies are to be allotted land on no cost-keep foundation. The Chandigarh
Administration, has allotted sixty three.436 acres of land to 31 societies in Sec-forty eight,49 & 51 (Facts). The remaining 26 societies will also be allotted land shortly. Land for 3 Societies- United & Priyadarshani & City Star has also been saved reserved as for each interim get of the Hon’ble Court.Subsequently the plan was repealed and w.e.f. 20.1.1997 no. New Cooperative House Making Societies are getting registered by RCS UT., and no even more allotment of land is to be built to any Cooperative House Making Modern society. The revised rate led to a good deal of resentment among the members of the societies. They maintained that alternatively of allotting land at the preceding costs, the Administration was asking for much more cash from them to make them eligible for allotment of land. This, they alleged, was discriminatory as they could not be billed the new rate immediately after payment of earnest cash several yrs ago.Other significant challenge coming in the way of the land was its acquisition and clearing it of all encumbrances.Aministration released a concerted campaign to apparent all encroachments, & planned to apparent all encroachments in Sectors 49, 50 and 51 before the draw of plenty for the societies. Nevertheless, when allotting the land to cooperative housing societies in 2002,
Chandigarh Housing Board vide section 22 of the allotment letter, arbitrarily altered this proviso from “5 yrs from the day of allotment to 5 yrs immediately after the completion.” This tampering of the statutory rule on transfer was broadly resented and the Administration experienced to retrace its act and it agreed to use the rule that transfer could be effected immediately after 5 yrs of allotment. Section (3) of allotment letter point out “The Allotment/Sale shall be ruled by the provisions of the Funds of Punjab (Growth and Regulation) Act 1952 and the Chandigarh (Sale of Websites and Making Policies, 1960” Purpose of applicability of these principles is shown inter alia : Section (2) “ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.In scenario The installment of sale Price tag is not paid out on the due day, curiosity as for each provisions of the Chandigarh (Sale of Websites and Making) Policies 1960 or at this kind of other rate as may be mounted by the Chandigarh Administration.” Section (twelve) of the allotment letter states “The constructing on the site shall be built strictly in accordance with the accepted /sanctioned plans. Which must conform to the Punjab Funds (Growth & Regulation) Making Policies, 1952 and the provision of Body Handle and Architectural Handle and Zoning prepare (which at any time is applicable.)” Section eleven even more necessitates “The Modern society shall have to execute the deed of conveyance in respect of the land allotted to it immediately after the total rate of the land and all other dues are paid out by the society.” The rationale of plan/rule makers to use the provisions of the Funds Of Punjab (Growth & Laws) Act 1952 and Chandigarh (Sale of websites and Making principles) 1960 in addition to the terms and problems of allotment lay: In ensuring appropriate building of the dwelling units, according to zoning plans and accepted/sanctioned plans in consultation with Chief Architect, and Secretary Architecture Department Union territory chandigarh.and to get accorded to it the sanction of the Chief Administrator Chandigarh., on the land allotted to the society (Funds of Punjab(Growth & Laws) Act 1952. To lay a procedure in scenario of default the place in administration reserved to it a provision inside rule eleven of Chandigarh (Sale of Websites and constructing) Policies, 1960 which reads:” In scenario an installment is not paid out (below rule10) by the transferee by the 10th of the next month in which it falls due a detect shall be served on the transferee calling on him to pay the installment inside a month with a penalty which may increase to 10 p.c of the installment payable. If the payment is not built with the stated time period or this kind of extended time period as may be decided by the Estate Officer, but not exceeding a few months in all from the day on which installment was at first due, the estate officer may move forward to have the exact recovered as an arrears of land income or to acquire motion below the Act.” To even more bolster its stance it included inside the Chandigarh Allotment of Land to Cooperative House Making Societies Scheme 1991” The Modern society and its members shall be jointly and severally accountable for payment of premium like installments”. From the foregoing, it is apparent that the society to which land has been allotted in any of the techniques floated by the Chandigarh Administration, nowhere software of the Sale of Websites and Making Policies 1960 in the context of other than rule eleven is legally void. Equally. Application of Punjab Funds (Growth & Regulation) Act 1952 in a context other than ensuring planned development of the Modern society complexes is also untenable Further more, byelaws of the society vests powers to enter new member, to transfer previous shares. Related part of the bye regulations is reproduced underneath: “Byelaws rule 36 (i) to (vii) xx xx xx xx xx (viii) to elect new members, to challenge and transfer previous shares. (ix) to (xxiv) xx xx xx xx. Section one zero five of Punjab Cooperative Societies Act 1961 (as applicable to UT Chandigarh) contains a specific provision for regularization of occupancy legal rights who have acquired this kind of a correct by way of the instrument of the standard power of legal professional or arrangement for sale. This part, and this is really essential part below evaluation, of regularization of the occupancy legal rights of this kind of persons who have acquired this correct by way of the instrument of the standard power of legal professional is not having the interest of the administration. The GPA holders were built nominees by the allottees and the listing of this kind of nominees is entered in the sign up of the Registrar Cooperative Societies. In the party of demise of an allottee, the nominee will get to transfer the plot on his identify without having to pay any rates. Even though enabling substitution in a GHS, in the subject of a civil writ petition before the Hon’ble Punjab and Haryana Superior Court, Chandigarh Administration went for consensual rates of Rs. 50,000/, Rs. 35000/-, Rs.25000/- for Classification A, B, C respectively. The neighboring states of Punjab, Haryana, and Delhi have framed “People Friendly” principles to regularize transfer of flats on the names of GPAs by charging nominal charge ranging from 10,000/- to 30,000/- for all categories of the flats in thecooperativehousingsocieties.
Chandigarh Administration should really realize that it was the GPAs resources that were instrumental in the completion of the societies’ assignments and that it will need not harass this course. Satish Chandra Sharma, Basic Secretary, Cell: 9888-255-128