On Leasehold Conversion Of Properties, Mha Says ‘decision To Be Taken At Appropriate Time’, ET RealEstate

September 6, 2023

CHANDIGARH: Terming allowing conversion of leasehold commercial and industrial properties as a “major policy decision”, the ministry of home affairs (MHA) has once again kept a decision pending on the issue.

In its affidavit submitted with the Supreme Court on Monday, in the Charanjeet Kaur v/s estate office case, on conversion, the MHA has stated that “decision would be taken at an appropriate time”.

The MHA said, “The proposal received from Chandigarh administration was examined in detail and at length. The proposal is wanting in certain facts and requires additional inputs from the UT and other stakeholder ministries. As the matter of conversion of industrial and commercial plots from leasehold to freehold is a major policy decision, a decision would be taken at an appropriate time, after due consideration of all relevant facts.”

In regard to the amendment in Capital of Punjab (Development and Regulation) Act, 1952 for revision of penalty to be imposed in cases of building violation and misuse of premises in Chandigarh, the MHA in its affidavit stated, “Inter-ministerial consultation underway and appropriate legislative changes would be required following the due process of law.”

The SC through its order on August 1, 2023, observing the Union government had not filed an affidavit in response to the affidavit of compliance filed by the UT Chandigarh, had directed the MHA to file the affidavit within four weeks.

Responding to the SC directions, the MHA submitted an affidavit on Monday, stating the affidavit filed by the Chandigarh administration in the matter on September 14, 2022, and February 9, 2023, were on behalf of MHA, GoI and UT Administration, Chandigarh.

It’s a déjà vu moment for city residents looking for a resolution of the twin issues.

In February, the MHA in the action taken report (ATR) submitted with the Supreme Court in the case, on the issue of conversion, had stated, “The matter has been examined by the Government of India, Ministry of Home Affairs and is at an advanced stage.” On the issue of penalty revision, the MHA had stated, “The proposal is under active consideration of the Government of India, Ministry of Home Affairs”. The MHA’s February affidavit had come in response to the directions of the SC in which it had given three months to the MHA to decide on the issues.

Earlier, in compliance with the SC order of July 18, 2022, a meeting was held on August 8, 2022, between the UT adviser and joint secretary (UT), MHA, for deciding the issue.

  • Published On Sep 6, 2023 at 04:00 PM IST

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