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November 11, 2011

HC tells state to notify amended building bylaws within 3 months

Chandigarh, November 11
The Punjab and Haryana High Court today directed Punjab’s Urban Local Bodies Department to notify the amended building bylaws within three months.
The directions by the Bench of Chief Justice Ranjan Gogoi and Justice Augustine George Masih came on the basis of an affidavit filed on behalf of the State of Punjab.
The Bench said: "An affidavit dated September 30, 2010, by the Special Secretary, Local Government, states that it has decided to make certain amendments in the existing building by-laws and after incorporating the same, prepared a composite building bye-laws, called the Punjab Model Bylaws, 2010.”
The bylaws deal with, among other things, construction of commercial buildings and multiplexes in the State of Punjab.
The Bench took note of another affidavit submitted by the State of Punjab on February 18, 2009, “wherein it has been mentioned that the Department of Local Government has prepared a proposal for amendment in the norms of commercial buildings and the same have been circulated to the municipal corporations and the regional deputy directors for seeking their comments.”
The Bench said no decision thereon has been taken as yet. “We are of the view that the proposal with regard to the amendment of the bylaws of the municipal corporations needs to be finalised at the earliest, if not done till date.”
Before parting with the order, the Bench also set six months deadline for the Jalandhar Municipal Corporation to pull down the shutters of small shops and other such establishments carrying out illegal commercial activities from the residential areas.
The directions came on a petition filed in public interest by Defence Colony Residents Society, Jalandhar.
In its petition against the State of Punjab and other respondents, the Society had earlier contended that the sanction granted to Radhy Buildwell Private Limited to construct the multiplex and the mall on the Cantt road in Jalandhar was not permissible, as it was a residential area.
Relief for many
Among other things, the bylaws deal with construction of commercial buildings, multiplexes in Punjab
The HC also sets six-month deadline for the Jalandhar MC to pull down shutters of shops carrying out illegal commercial activities from residential areas
The HC directions came on a PIL filed by the Defence Colony Residents Society, Jalandhar
The Society had contended that the sanction granted to Radhy Buildwell Private Limited to construct a multiplex and a mall on the Cantt road in Jalandhar was not permissible as it was a residential area

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