Dushyant Singh Pundir
Chandigarh, May 7
The issue of converting industrial and commercial properties to leasehold freehold has been considered by the Supreme Court.
The Additional Solicitor General requested time from the court to seek instructions from the Chandigarh administration and/or the Ministry of Home Affairs on the following:
n The conversion of leasehold industrial and commercial buildings into full ownership based on the allotment price or any other reasonable criteria unrelated to current market value.
n The issue of residential property conversion charges at the rate of 20% of current market value needs to be revised to be citizen friendly.
n Whether the definition of “enterprise” mentioned in section 2(e) of the Micro, Small and Medium Enterprises Development Act 2006 should be allowed to apply to activities in industrial land or whether the service industry can be permitted to be used on the industrial zone plots.
n Examine the possibility of supervising industrial activity poles and commercial activity in the Phase I and Phase II industrial zone.
The case was listed as of July 18.
“If the 2006 Micro, Small and Medium Enterprises Development Act is allowed in the industrial zone, it will benefit many people. And the show cause notice issued by the Chandigarh administration which caused huge harassment to industrial land owners will be withdrawn,” said Charanjit Kaur’s lawyer, Vikas Jain.
The case was heard before the divisional bench of Judge Hemant Gupta and Judge V Ramasubramanian in Estate Office v Charanjit Kaur.
Charanjit had applied for the conversion of land in Sector 46-D, Chandigarh, from leasehold to full ownership on acceptance of the required conversion fee. The National Commission for the Redress of Consumer Disputes, in an order dated 24th May 2017, had ordered the Estates Office to convert the said lease parcel into full ownership upon acceptance of the required conversion fee, to pay an amount of Rs 10,000 as compensation for mental disorders. agony and physical harassment and also to pay Rs 5,000 as legal costs. Against the order, the Probate Office appealed to the Supreme Court.