Saturday, June 15, 2002 |
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Major changes have been brought about in the city’s building byelaws and they are likely to change its skyline for good. These ‘practical measures’ will benefit citizens and, as per the Administration’s claim, will help the city grow. A
family owning a popular fast food chain in Chandigarh opened a
restaurant on the first floor of a showroom in Sector 17.The
Chandigarh Administration cried foul, saying the eatery was
unauthorised as it had been made by dividing a huge hall! The city’s
archaic and inflexible building byelaws were cited and the threat of
closure loomed large over the restaurant. |
Fortunately, all this is history. The cast-iron building byelaws, which had long outlived their utility, have been changed for good. And they have changed at a speed that was unimaginable. Now the restaurant on the first floor in Sector 17 can run; the hotel in Sector 34 can be of any shape or design; M.S. Sawhney can transfer his plot to his son; the Colonel can sell off his property and get it transferred without a fine; the multinational company can open the food outlet as two or more adjoining showrooms can be amalgamated into one unit. Also, the business family can partition its showroom, while the entrepreneur can run the computer business as it has been included in the list of businesses that constitute general trade. In some cases, the changes have been allowed as gratis, while in other cases a small fee will be charged. It is not that the bureaucracy has suddenly realised the need for change. Behind all these changes is one man: The UT Administrator and Punjab Governor, Lt Gen J.F.R. Jacob (retd). He had promised radical changes in the byelaws and has delivered. Jacob, officials admit, was adamant about changing the byelaws as he saw this as inevitable for the growth of the city and felt that it would do away with needless legal hassles and paper work. All this was not going to affect the basic character of the city. At one point, the Architecture Department got a mouthful from the Governor for its slow progress, while another senior IAS official was asked to explain the changes in ‘simple English’ instead of spouting some technical jargon which could not be understood by anyone, recollects an IAS official in the UT Administration. All these changes were long overdue but were never effected because the byelaws vested tremendous power and clout in the hands of clerks and the IAS lobby. It was a known fact that ‘monthly payments’ (read bribes) were fixed as an ‘incentive’ for the field staff to overlook violations. Thus, the field staff did not report against those who paid up, while others were harassed no end. The top officials did not know of the ground reality. When the byelaws were originally framed, computers were hardly used. Also, financial services, call centres, telephone centres (PCOs), lodging houses, fitness centres, indoor gymnasiums, entertainment centres, video game parlours, computer training centres, academic coaching centres, photocopying and software services, consultancy services and medical laboratories did not exist. Carrying on these trades from general trade showrooms was not allowed and invited legal action till about the middle of May. Close to 80 per cent of the city’s commercial area is restricted for general trade. One of the most important decisions of the Chandigarh Administration was that no fee would be charged in case residential, commercial or industrial property was transferred in the name of a family member. Till now, the Administration was charging a fee under a head classified as ‘‘unearned increase ’’ to enable the transfer of property which was on leasehold. The fee would amount to a few lakh rupees. This was resisted by those who inherited ancestral property. Now one can transfer property to one’s mother, father, wife, husband, brother, sister, son or daughter. Earlier, this was done at the discretion of the official concerned, who almost never waived the fee unless the person was well-connected. Now the rule will apply to all without prejudice. A long-time Chandigarh resident, Amarjit Singh Sethi, feels that the Administration has never been so responsive to the needs and aspirations of people as it has been in the past six months. Today, with a little fine-tuning, the city can become more people-friendly, adds Sethi while praising the decision to accept electricity, water or sewerage connection as proof of date of completion. Earlier, this was a major source of harassment as no one had heard of a completion certificate when the city was coming up. So the decision to accept any other proof was logical. Rules governing the misuse of a building have also been changed. According to the changed rules, a notice will be issued and monthly charges levied for the misuse of a building so as to give time to the allottee or occupier to remedy the misuse prior to commencement of resumption proceedings. Till now, resumption of a site was the only action taken while misuse carried on. "The decision to impose a fine is logical as it will make the Administration more people-friendly," says T.C. Kathuria, a resident of Sector 37. The old rules gave all powers to the field staff, thereby increasing the scope for corruption and harassment of owners. Some modiifiications in the byelaws will change the city skyline forever. Grey sarkari-looking buildings may become a thing of the past as new designs take over. Allowing for amalgamation of two or more adjoining commercial or industrial sites means bigger showrooms or complexes. A Sector 17 trader says it was absurd on the part of the Administration to charge a hefty fee for partitioning a building or not allowing restaurants and offices to run on first floors after partitioning big halls. The new changes will promote business activity, he feels. On the seemingly endless list of changes is the decision to put shop-cum-offices and shop-cum-flats (SCOs and SCFs) to more optimum use as shopping plazzas and restaurants. However, the owner shall have to abide by the zoning plans and building byelaws. This had been a long-standing demand as almost no one lived in the flats provided above the commercial areas due to lack of privacy. It may be a good concept elsewhere, but is not suitable here, says Arvind Jain, a Sector 22 trader. He is of the view that more changes need to be allowed in commercial areas in keeping with the latest trends in business. The changes seem have infused a fresh lease of life into business activity in the city, but one wonders whether such need-based changes will be incorporated from time to time on a larger scale. Residents are now demanding an updated booklet on the new building byelaws in simple language with examples and illustrations. Now the question is: when will the Chandigarh Administration provide additional parking space, power supply and other facilities that will be needed as a result of the changes in the byelaws?
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