Chandigarh Allotment of Land to Co operative House Building Societies Scheme, 1991 Notification dated 28th May, 1991 ; i No. UTFI (3) - 91/5214. - With view to promote private housing aria optimum utilisation of land by constructing multi-storeyed structures, the Adminis® trator, Union Territory, Chandigarh is pleased to make the following scheme regu lating allotment of land to the Co-operative House Building Societies, in the Unidn Territory, Chandigarh, namely: -
1. (1) This scheme may be called the Chandigarh Allotment of Land to Cp= operative House Building Societies Scheme, 1991. ?
(2) It shall come into force at once.
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2. (1) In this Scheme, unless the context, otherwise requires : - |
(a) “Family” means a person, his spouse and their dependent children!
(b) “Government” means the Central Government.
(c) “Society” means a Co-operative House Building Society register® under the Punjab Co-operative Societies Act, 1961, as applicable ® the Union Territory, Chandigarh, engaged in the promotion $f construction and management of residential-accommodation fortfle use of its members. S|
(d) “Land” means a piece of land for multistoreyed Dwelling Units, j
(2) Words and expressions used but not defined in this Scheme and defin® in the Capital of Punjab (Development and Regulation) Act, 1952 shall have meanings respectively assigned to them by that Act. ®**♦* ,fl|
3. The Chandigarh Administration may conduct survey to assess the dg mand by inviting applications on prescribed forms available form the Chief Execffi tive Officer, Chandigarh Housing Board alongwith 25% of the premium of land to be applied for as earnest money and proof that the Society has sufficient funds and resources to pay the balance of premium of land and to undertake construes tion work on the land if allotted to them through the Chandigarh Housing Board!
Such survey shall, however not be construed as a commitment for allotment cu land in any way. j
4. The Chandigarh Administration shall allot land on chunk basis to the Chandigarh Housing Board for its further allotment to the eligible Co-operative tlouse Building Societies from whom applications were invited under clause^ above, having sufficient funds and resources to the satisfaction of the Estate Ofc ficer, on Lease Hold Basis for 99 years for the construction of multistoreyed, structures/dwelling units (hereinafter called DU) and their allotment to its eligible members on the terms and conditions to be laid down in the allotment letter ani$j lease deed. The land so allotted shall be planned in consultation with the Chief!
Architect and Secretary, Architecture Department, Union Territory, Chandigarh*’ [284] i' Chandigarh Allotment of Land to Co-operative 285House Building Societies Scheme, 1991 and developed by the Engineering Department as usual. The proposed Plan shall be got sanctioned from the Chief Administrator, Chandigarh as per the provisions of the Punjab Capital (Development and Regulation) Building Rules, 1952 as ;
amended to date. The seniority of society may be determined from registration ’ Number and date. The Administrator may allot land to the societies within the > limits of Union Territory, Chandigarh subject to the fulfilment of provisions of the J Scheme and the Capital of Punjab (Development and Regulation) Act, 1952 as amended from time to time and the rules made thereunder including the Chandigarh Lease Hold of Sites and Building Rules, 1973 (as amended from time to time).
The society and its members shall be jointly and severely responsible for payment !
of premium including instalment and ground rent and for complying with the terms and conditions, rules and regulations and the provisions of the Act referred to above. The minimum quantum of land that can be allotted is one acre and 40 to 60 number of Dwelling Units (as approved by the Chief Architect) are to be provided by the Society per acre. The Chandigarh Administration may fix cut off date for !
the purpose of allotment of land to the Societies as well as to members. i COMMENTARY !
Allotment of plot - Petitioner society applied for allotment of land measuring 5 acres under allotment Scheme 1979 - The land was allotted for construction ■ of flats for 2000 members of the society @ 175 per sq. yds. on lease hold basis for J 99 years - Petitioner paid Rs. 9,25,000/- to the department which was duly re ceived by it on 4-4-90 - Tentative price of the land was Rs. 42,35,000/- - Admin- ;
istration sent a letterto the society on 29-11-96 that scheme 1979 was repealed by • Scheme 1991 and society could not be given the land and it should apply for refund of deposited amount - Act of Administration is unjustified and contrary to law - Once the society has been allotted land under a valid scheme, allotment cannot be cancelled under a new scheme introduced in the year 1991 especially when allotment made under old Scheme has been saved by provisions of new Scheme - Respondent has no right to cancel allotment after keeping the deposits with it for almost 10 years - Respondent directed to give possession of the dis- i puted land to the petitioner - Petition allowed - Chandigarh Police Cooperative Housing Society v. Chandigarh Administration through its Advisor, 2001 HRR 1 77 D.B.
Allotment of plots - Administration cannot magnify allotment of left over plots to new members by way of substitution on the ground that they are not members of the societies on a particular date - Where no cut off date was speci fied in the scheme for determination of eligibility of members - Approval to allot- !
ment of plots to new members inducted by substitution in place of drop outs can not be refused by administration - Entitlement to allotment of left over plots cannot be said to be erroneous - Union Territory, Chandigarh v. Parmod Kumar, 2006 (Suppl.) HRR 738 DB ***
5. Premium, - The premium of land to be allotted to the Co-operative Soci eties under this Scheme shall be determined by the Chief Executive Officer, Chandigarh Housing Board, in such manner as may be directed by the Chief Administrator from time to time.
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6. Eligibility. - A society may be considered eligible for allotment of land if it is duly registered with the Registrar, Co-operative Societies, Union Territory, Chandigarh functioning properly having sufficient funds/resources to pay the pre- 286 Category “A” Category “B” Category “C” “A” “B” «c» Chandigarh Allotment of Land to Co-operative House Building Societies Scheme, 1991 mium, to undertake the construction work, to complete it in a stipulated period, and that each of its members fulfils the following conditions: -
(i) He is a bona fide resident of the Union Territory of Chandigarh and should be residing in Union Territory, Chandigarh atleast for last two years on the date of the allotment of land to the Society;
(ii) He is an employee of the Central Government/Corp oration owned or controlled by Central Government stationed at Chandigarh on the date of notification of Scheme or has served in the past at Chandigarh, or
(iii) He is an employee of Union Territory Administration or the STates of Punjab and Haryana or any Corporation owned or controlled by Union Territory or State Governments referred to above and is either serving at Chandigarh on the date of notification of the Scheme or has served in the past; or
(iv) He is a retired from the Government or Corporation referred to at (ii) and (iii) above and residing at Chandigarh.
An applicant member may be eligible for allotment of dwelling unit in accor dance with his monthly income i.e. one dwelling unit out of the dwelling units constructed per acre, as per category given below : - 1 [(A) (1) 25 Dwelling Units per acre
(2) 35 Dwelling Units per acre
(3) 45 Dwelling Units per acre (The density shall not in total exceed 40% of the covered area)] (B) Income Group Category for which eligible Members having monthly income of Rs. 5,001 and above Members having monthly income of Rs. 2,001 to 5,000 Members having monthly income upto Rs. 2,000
Provided that no society shall be eligible for allotment of a site under this scheme if any of its members, their spouses or dependent children already owns, either on free-hold, lease-hold or hire purchase basis, a dwelling unit or a residen tial house/site/flat at Chandigarh, Manimajra, Panchkula and S. A.S. Nagar (Mohali):
Provided further that not more than one member of a family shall be a mem ber of any such Society and not more than one dwelling unit shall be allotted to one family: '
Provided further that no individual/Society shall part with the possession of the land or dwelling unit before the expiry of atleast 5 years from the date of* allotment. • • .
COMMENTARY Eligibility - Petitioner as a member of a Registered House Building Coop erative Society was denied allotment of house on the ground that he was not found to be resident of Chandigarh at the time of applying for allotment - Peti tioner remained in Chandigarh between Oct., 1963 to May, 1964 and now is work ing as Superintend- ing Engineer in Punjab Housing Board - It is clear from the clauses of Scheme that not only those who were resident of Chandigarh at the crucial time but also those who have even been in Chandigarh are entitled to allotment - Nirmal Singh v. Union Territory, Chandigarh, 1996 HRR 157.
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7. Grouping of Society/Enrolmeht of new members, - If any Society has less than 50 members, these shall be grouped together so as to enable the Chandigarh Housing Board to allot atleast one acre of land to a group of Societies.
8. Refund of Earnest Money, - The earnest money shall be refunded to the1. Substituted by Chandigarh Administration Gazette Notification dated 19.03.1993 Chandigarh Allotment of Land to Co-operative 287House Building Societies Scheme, 1991 Society, if any Society cancels its demand before allotment of land. Earnest money shall also be refunded to un-accommodated Societies, if any. No interest shall, however, be payable on any amount which remained deposited with the Estate Officer under this Scheme.
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9. Operation of Account/check thereon, - Every member who applied / have applied to the Society for allotment of a dwelling unit under this Scheme shall pay all the amount in this respect demanded by the Society by means of crossed demand draft payable to the Society. The Society shall deposit it in their account maintained in the Chandigarh State Co-operative Bank Ltd., Sector 22, Chandigarh only. The Society shall not be competent to withdraw any amount so deposited without the prior approval of the Registrar Co-operative Societies, Chandigarh Administration, to discharge liabilities of payment of earnest money, instalments, ground rent and for construction purposes in respect of the land to be allotted/ allotted to the Society.
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10. Construction of dwelling units and allotment thereof - The Society shall be responsible for completion of buildings i.e. dwelling units within 3 years from the date of allotment and further allotment of these to their members by draw of lots. However, grouping can be allowed by the Society. Draw of lots shall be witnessed by the authorised officer/officials of Co-operative Department and Estate Office, Chandigarh Administration.***
11. Apart from the provisions of this scheme, provisions of the Chandigarh Lease Hold of Sites and Building Rules, 1973, as amended from time to time, shall be applicable to the land allotted under this scheme.***
12. If at any time any difficulty arises in giving effect to the provisions of this scheme, the Chief Administrator, may give directions consistent with the provi sions of the scheme as he/she may deem appropriate.***
13. Appeal and savings, - The Chandigarh Allotment of Sites, to Co-op erative Housing Societies Scheme, 1979 as in force is hereby repealed. However, the allotments already made under this scheme shall continue to be governed by the said scheme. ***
14. The Estate Officer shall fix the date for the submission of applications under this scheme and shall further be competent to extend it in all or in any case.
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