Move on leasehold rights of industrial plots creates stir

Though a final notification in this regard is yet to be issued as the decision is pending at the highest level, the move is being considered a setback for industrialists. A final decision is likely to be taken shortly.

The issue was discussed at a recent meeting of top UT officials with UT Administrator Shivraj Patil. According to sources, the administrator has directed the officials to discontinue the provision and to take back the properties for which the lease has expired.

According to the official records, there are around 2,000 leasehold plots in Phase 1 and 2 of Industrial Area allotted between 1973 and 1982 with the allotment letter mentioning that these plots were transferable after 15 years.

Recently, three industrialists approached the Punjab and Haryana High Court challenging the provisions of the Chandigarh Estate Rules, 2007, pertaining to transfer of such plots.

The Chandigarh Estate Rules, 2007, provide that transfer by way of sale, gift, mortgage or otherwise of the site or any right, title or interest therein may be allowed, subject to payment of one third of unearned increase in the value.

For transfer of such plots, the administration charges fee based on the increase in the market value of the said site or building at the time of transfer of leasehold rights.

The UT issued a notification dated June 6, 2002, under Rule 9-A of the Chandigarh (sale of sites and buildings) Rules, 1960, read with Rule 17 (10) of the Chandigarh Lease-Hold of Sites and Building Rules, 1973, fixing the fee for transfer of leasehold rights for various categories not subject to payment of unearned increase in terms of Rule 17 (10) of the Rules of 1973.

Later, another notification overruling the earlier one was issued in May 26, 2003, under Rule 17 (10) of the Rules of 1973 in which transfer charges for industrial plots were fixed at Rs 200 per square yard.

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