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.