(1) With respect to every block ofa labour colony selected for clearance, allotment of '[a tenement in a multi-storeyed flat] as the case may be, shall be made as under : -
(i) A family unit shall be entitled to one tenement/site as the case may be, provided they fulfil all the conditions under this scheme.
(ii) A family unit ofa recognised resident shall be entitled to allotment ofa tenement provided he fulfils all the conditions laid down under this scheme. .
(iii) A person who owns more than one house in any of the Labour Colonies in his own name or in the name of any dependent member of his family, shall be entitled to the allotment of only one tenement or presidential site] as the case may be, under this Scheme.
P(iv) All persons whose names appear in any of the voters list between 1 oon nnJ thn dnmnfelection ofMunicipal Corporation i.e. 8lh December, 310 Licensing of Tenements and Sites and Services in Chd. Scheme, 1979 members belonging to Scheduled Castes and Scheduled Tribes will be eligible for allotment of commercial sites if they arc not residents of the labour colonies pro vided that there is a short fall of (he applicants in this category.]
**** '[9. Notwithstanding anything contained in the Scheme, no person shall be eligible for allotment ofa tenement unless he fulfills the following conditions
(a) The applicant must himself be residing in the colony. Merc ownership, unless accompanied by actual physical possession ofa building, but structure or covered site shall not be sufficient to make a person eligible for alternate allotment.
(b) There are no arrears of rent outstanding against such person in respect of the existing license, if any.
(c) The lease/license in his favour has not been terminated except under this scheme.
(d) Already deleted.
(e) The person docs not own whether on frce-hold or lease-hold basis, a residential/commercial site/building in the Union Territory, Chandigarh, either in his own name or in the name of any member of his family dependent on him.]
COMMENTS Allotment cancellation - As per conditions of allotment original allottee could not sublet or part with the possession of transit site to anybody else - These allottees who sold their properties to other even without paying even a single penny of lease money they have forfeited their right of transit site - Order of cancellation of allotment upheld - Balwinder Singh v. Union Territory, Chandigarh Administration, Chandigarh, 2012(1) Haryana Law Reporter209 D.B.
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10. (I) The licence of the site will be initially fora period of five years.
2[Provided that the Licensee shall construct a toilet on the site within 3 months of the allotment. The Competent Authority may grant an extension of one month on payment ofa fee of Rs. 100 :
Provided further that superstructure on the site shall be constructed within a period of 9 months from the date of allotment. The Competent Authority may grant an extension of 3 months on payment of fee of Rs. 500 per month.]
(2) The period of licence may be extended for such further period of five years each by the competent authority in accordance with the general or special orders of the ’[Advisor to the Administrator, Union Territory, Chandigarh].
(3) 1 2 3 4 5[------ 1
1. Substituted by Chd. Administration Notification No. 11/6/106-UTFI(2)-99/122 dated 6-1-2000
2. Added by Chd. Administration Notification No.4476-UTFl(5)-97/22033 dated 9-12-1997
3. Substituted by Chd. Administration Notification No.4476-UTFI(5)-97/22033 dated 9-12-1997
4. Deleted by Chd. Administration Notification No.4476-UTFI(5)-97/22033 dated 9-12-1997
5. Added by Chd. Administration Gaz. (Extra) dated 23rd/25th August 1980 page 290 *♦** 5[10-A. Notwithstanding anything contained in this Scheme, bare sites may be allotted on hire-purchase basis to the persons who have settled in the labour colonies unauthorised ly during the period of six months preceding the 31 st March, 1980 on a price to be determined by the Chandigarh Administration.]
Licensing ot lenenwnts and Sites and Services in Chd. Scheme, 1979 311
11. 1 he competent authority shall execute a licence deed in favour of the allottee in form b .
**** '(12.
tl.it in orde 1 he licensee shall be entitled to vest his interest in the multi-storeyed i to secure a loan from any of the Banks or Financial Institutions.]
**** ‘113.
14.
15.
16-1 !"• Every, allottee shall submit to the competent authority a deed of license in form “13 or “C (as may be applicable) appended to this scheme duly signed by him and on a non-judicial stamp paper of Rs. 2.25.
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