CHANDIGARH: Major changes are in the offing for regulation of building violations and misuse of properties, as Chandigarh Administration has proposed introduction of structured penalties, clearer definitions of property categories, caps on fines, and enhanced administrative powers to address longstanding issues in urban development enforcement.
The changes will be brought about after amending the Capital of Punjab (Development and Regulation) Act, 1952. The amendments will introduce new clauses in Section 2 (definitions) of the principal Act by defining residential, commercial, institutional and other types of properties.
A residential building shall mean a building used, constructed or adapted to be used wholly or principally for human habitation, which includes all garages or other out-buildings appurtenant thereto.
A commercial building includes a building or complex, or part thereof, used as shops, stores or a market for display and sale of wholesale and/or retail goods or merchandise, including an office, restaurant, banquet hall, hotel, motel, resort, dhaba, boarding house, guest house, amusement park, office establishments and service facilities incidental thereto and located in the same building.
An institutional building includes a building constructed by a govt, semi-govt organisation or a registered trust/society and used for medical or other treatment and care for persons suffering from different disabilities.
It also includes an auditorium or complex for educational, cultural, social, religious, patriotic and allied activities, or a hospice, assembly halls, city halls, town halls, exhibition halls, museums, places of worship, dharamshala, hospital, sanatoria, custodial and penal institutions such as jail, prison, govt office, secretariat, road or railway or air or sea or other public transportation station, etc.
“Apartment” shall mean each sub-division of a building duly recognised by the estate officer, along with a proportionate share in common areas and common facilities, as well as any other property rights appurtenant thereto.
“Warehouse and industrial building” shall include a building or part thereof wherein products or material are fabricated, assembled or processed.
The proposals also empower the chief administrator to issue directions on architectural features, zonal regulations, building usage, elevation and frontage.
A key reform expands the scope of appeals. Previously limited under specific sections, aggrieved parties can now appeal any order issued by the estate officer under the Act to the chief administrator within 30 days of communication.
In a move to provide legal certainty and protect prior enforcement actions, the Chandigarh administration included a robust validation clause in its proposed amendments. This provision aims to retrospectively validate rules, penalties, orders and proceedings issued under the Act’s framework before the enactment of the forthcoming Capital of Punjab (Development and Regulation) [Amendment] Act.
