The Times of India 08.03.2013
Charge violating builders, DTCP told
GURGAON: Punjab and Haryana high court has ordered the DTCP
to register criminal cases against the builders who have committed
gross, non-compoundable violation of the structure designing or zoning
plan and sold plots to various people without getting the occupation
certificate.
The court had passed these directives on February 19 while hearing the petition moved by the Ardee City Residents’ and Flat Buyers’ Association
which had challenged the DTCP notice against the house owners who were
living in the houses and floors without securing an occupation
certificate in 2010.
On account of structural violations, the
DTCP had rejected the applications for issuance of occupation
certificate, the petitioners had moved to the court. The court was
informed that the builders had constructed the houses in violation of
the sanctioned building plan and sold them.
Last year the court
had to conduct a survey to ascertain the quantum of violations of the
building bylaws and to devise a scheme with which the violations could
be regularized/ compounded and action taken against the erring builders,
who have committed non-compoundable violations.
The Senior
Town Planner (STP), Gurgaon, came out with a detailed measurement of
these premises to find out the quantum and nature of violations and as
to whether these violations are compoundable or non-compoundable under
the existing policy. The survey revealed that out of 372 plots, 204 are
fit for grant of occupation certificate because the violations committed
on these plots are compoundable. In the remaining 168 plots, violations
of building bylaws are non-compoundable and need to be rectified.
To get the possibility of rectification examined, the STP, Gurgaon, has
sought a report from Pradeep Kumar Kulshreshtha, Structural Engineer,
Engineering Associate-Consulting Engineer based in Delhi, who has stated
that, based on preliminary observations, they are of the opinion that
some of the violations are rectifiable without any damage to the safety
of structure with proper engineering intervention and structural
retro-fitting as explained in the letter.
After the hearing the
court also directed builders and licensees, to move an application
within one month under rules for obtaining occupation certificates from
the DTCP, irrespective of whether they have earlier filed applications
which may be pending or rejected. The court also ordered the STP,
Gurgaon, to consider these applications with a positive attitude to
resolve these problems of the thousands of allottees in the light of
latest policy decisions taken by the government.
On the
question of violations committed by the builders, the court held the
DTCP will get them cleared from them after charging the compoundable fee
or, if non-compoundable, direct them to remove those violations and in
case there is violation in the structure designing, the builders can be
imposed penalty after getting the revised plan, in preference to
demolition. In case the builders or licensees have committed gross,
non-compoundable violation of the structure designing/zoning plan and
sold plots then it will be open for the DTCP to blacklist them for the
future and to register criminal cases against them.
