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Consumer panel turns down ‘illegal’ PUDA demand from flat allottee

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Indian Express   13.10.2010

Consumer panel turns down ‘illegal’ PUDA demand from flat allottee

Express News Service Tags : Punjab Consumer Disputes Redressal Commission, Punjab Urban Planning and Development Authority Posted: Wed Oct 13 2010, 04:21 hrs

Chandigarh:  The Punjab Consumer Disputes Redressal Commission has turned down the demand made by the Punjab Urban Planning and Development Authority (PUDA), Amritsar, from the allottee of a flat to pay Rs 26,860 for defaulting on payment of installments, including penalty and interest.

Joginder Pal Singh, a resident of Amritsar, was allotted an HIG flat by PUDA in 1989. When he applied for a no-objection certificate (NOC) for the plot, PUDA told him to pay Rs 26,860, though he had been regularly paying the installments.

Joginder moved the Consumer Disputes Forum, Amritsar, challenging the demand. In 2003, the forum directed PUDA to levy charges of Rs 6,800 only, as per Clause 7 of the terms and conditions of the allotment letter. PUDA challenged the order in the Punjab Consumers Commission, Chandigarh.

Adjudicating the case, commission president Justice S N Aggarwal and members Lt Col Darshan Singh and Amarpreet Sharma observed that Joginder had been regular with the installments and whenever he defaulted, he had paid the double installment next month.

According to the terms and conditions of the allotment letter, PUDA was entitled to claim ‘liquidated damages’ in case the allottee failed to pay any installment. But, the commission observed, the demand for Rs 26,860 raised by PUDA did not include non-payment of any installment. “When no installment is payable by the respondent, PUDA cannot demand liquidated damages for all installments. Moreover, at some place, they are demanding Rs 170 per installment, somewhere Rs 340 and somewhere Rs 510, without giving the reasons for this variation. This makes the demand unbelievable, unreliable and unacceptable,” it noted. 

Stating that the demand for Rs 26,860 was illegal, the commission ruled that the allottee could be charged only Rs 6,800 as liquidation damages. The commission dismissed the appeal filed by PUDA and directed it to pay litigation costs of Rs 1,000 to Joginder.

Last Updated on Wednesday, 13 October 2010 11:30
 

New layouts to get basic amenities

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The Hindu  13.10.2010

New layouts to get basic amenities

Special Correspondent

Work estimated to cost Rs. 25 crore

Proper roads to be laid in 50 new localities

60 gardens to be fenced


GULBARGA: The Gulbarga City Corporation has taken up an ambitious project of providing basic amenities, including laying of link roads and construction of storm-water drains at an estimated cost of Rs. 25 crore in the new residential layouts that have come up on the outskirts of the city.

The city corporation has decided to utilise Rs. 25 crore from the additional Rs 100-crore special package granted by the Chief Minister to all city corporations of the State for improving the basic infrastructure.

During his recent visit to Gulbarga, Chief Minister B.S. Yeddyurappa inspected some of the layouts which were established several years ago but remained neglected.

He expressed shock over the lack of proper approach roads and drains in many such localities.

Action plan

Mr. Yeddyurappa directed the city corporation authorities to prepare an action plan for link roads and construction of storm-water drains in such localities.

He said that the grants being released under the additional special package could be used for this purpose.

Manoj Jain, Commissioner of the city corporation, told The Hindu on Tuesday, “We have decided to lay proper roads and set up precast drains in 50 residential layouts.” He said that tenders had been invited for 73 projects worth Rs. 25 crore and the work orders would be issued soon after finalising the agencies.

Toilets

“The city corporation has also decided to fence 60 gardens in these localities and construct 10 public urinals and 10 toilets in different localities,” he said.

Mr. Jain said that with the initial grant of Rs. 100 crore, three major roads were developed at a cost of Rs. 56 crore, storm-water drains constructed in different localities (Rs. 14 crore), overhead tanks constructed (Rs. 14 crore) to ensure proper supply of drinking water, and Rs. 2.5 crore each given to Gescom and the Railways to improve the distribution system and upgrade a railway underpass respectively.

Last Updated on Wednesday, 13 October 2010 10:08
 

Old Bangalore sites not in BBMP’s ‘sight’

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The Deccan Herald  13.10.2010

Old Bangalore sites not in BBMP’s ‘sight’

Sandeep Moudgal, Bangalore, Oct 12, DH News Service:

Lack of proper records might make the task of the Bruhat Bangalore Mahanagara Palike (BBMP) to document the properties in the old Bangalore area difficult.

According to the BBMP sources, the old Bangalore region comprising Chickpet, Sultanpet, Avenue Road, BVK Iyengar Road, Balepet and Majestic have no written records related to the ownership of each piece of land. Officials state that the old Bangalore area do not have proper records to establish ownership.

“There has never been a proper land survey in these places,” informed one highly placed Palike source.

According to sources, the erstwhile BMP in the 1970s did carry out a land survey but could never ascertain the ownership of any piece of land. “The survey was done and statements of the people, who claimed that they were owners, were recorded. However, no effort was made to verify as to whether the properties actually belonged to them,” informed the source.

According to N Nagaraj, corporator from Byrasandra and Chairman of the Property Recovery Committee, the Palike has for long been facing the problem in the old Bangalore area.

Exact picture

“But now we have recommended for the total survey of the area to get an exact picture of encroachments,” Nagaraj said.

In such a scenario, it appears the BBMP is now in a spot of bother to ascertain which of the properties are in fact illegal. The Palike is now banking on the archives of the Revenue Department to ascertain the extent of the BBMP land, if any is available.

 It is estimated that nearly 350 properties of the BBMP have been encroached in Chickpet, Avenue Road and the adjoining areas.

Last Updated on Wednesday, 13 October 2010 06:56
 


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