Sunday,
July 22, 2001, Chandigarh, India
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PUDA directed to refund amount Ludhiana, July 21 Dr Harpal Singh was allotted a residential plot, number 1426, of 400 square yards in Sector 32, Ludhiana, on March 29, 1993. The consumer had submitted the building plan in August, 2000, but the authority did not sanction the same and compelled him to deposit Rs 29,950 on account of non-construction fee, he added. The consumer disclosed that since he wanted to start construction work, he deposited the said amount. He alleged that the non-construction fee was not charged in accordance with the rules. PUDA pleaded that the plot was allotted as per provisions of the PUDA Act, 1964, and the complainant was bound to raise the construction on the ground floor within three years, on the first floor within five years and on the second floor within seven years from the date of allotment. The authority claimed that the non-construction fee had been charged in accordance with the agreement entered into prior to enactment of Punjab Regional Town Planning Act, 1995. The controversy required interpretation of certain rules, it added. PUDA claimed that the complainant was bound to make the payment of the said amount. It denied that the consumer was compelled to make the payment and claimed that he voluntarily made the payment of the fee. The forum observed that the authority could charge the non-construction charges only as per the rule 13 of the PUDA Act, but it had recovered the fee on the basis of letter issued by the Chief Administrator of PUDA. The forum gave a reference to the judgement of the Punjab and Haryana High Court, in which the court had held that the recovery of the fee on the basis of the said letter was illegal. The forum held that in this case, PUDA was entitled to retain the fee for one year only as per the rates mentioned in the rule 13 of the PUDA Act. The excess amount was liable to be refunded, it observed. |
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