Second Innings Association flags legality of building misuse penalties in Chandigarh

Second Innings Association president R K Garg questions legality of thousands of Chandigarh building misuse notices as UT seeks to rationalise penalties

R K Garg, president of the Second Innings Association, on Monday raised questions over the legality of thousands of notices issued by the Chandigarh Administration imposing building misuse and penalty charges, and announced a fact check initiative to examine whether these notices were backed by statutory authority.

Garg said the UT Administration has reportedly sent a proposal to the Ministry of Home Affairs seeking to rationalise building misuse charges imposed through nearly 5,000 notices. Under the existing system, penalties accrue daily from the date of issuance, often resulting in large financial liabilities for property owners.

He pointed out that while enforcement actions, recoveries and resumption proceedings remain suspended, penalties continue to accumulate. He questioned whether the notices were issued under valid statutory powers or merely on the basis of public notices without a sound legal foundation.

Calling the issue significant, Garg said no final resolution has been reached in respect of the notices already issued.

Referring to past actions of the administration, Garg said public notices were issued on January 23, 2019, and again in April 2022, proposing amendments to the Capital of Punjab (Development and Regulation) Act, 1952. If those notices were legally valid, he asked, why is a fresh proposal now being sent to the MHA to amend the Act and empower officers to rationalise charges.

Garg said implementation of the April 2022 public notice was stayed following widespread public opposition. He added that a proposed linkage between the 1952 Act and solar panel structures was later withdrawn.

He alleged that for years, regulations in Chandigarh have been enforced in a manner that subjects citizens to punitive notices without due process or a meaningful opportunity to contest them. According to him, officers on deputation frequently exercise discretionary powers without a sound legal basis, leading to avoidable litigation.

Garg further said it has been clear since April 2022 that the Chandigarh Administration lacks authority to take enforcement action under the Capital Act without a Parliamentary amendment. He questioned why the legislative process has remained pending for nearly four years and whether any future amendment would provide retrospective relief to those already affected or operate only prospectively.