CENTRAL INFORMATION COMMISSION
(Hearing at UT Chandigarh)
File No. CIC/LS/A/2009/001171
Complainant : Smt Rani Jain
Public Authority : Housing Board, Chandigarh
(through Shri Naresh Kumar Sharma,
Accounts Officer)
Date of Hearing : 20.1.2010
Date of Decision : 20.1.2010
FACTS
The matter, in short, is that the appellant was allotted house No.
3496, Sector 46C, in Chandigarh city on lease-hold basis in respect of
which ground rent is payable by her and in case of non-payment, a
penalty can be imposed. It is her case that the penalty imposed by the
Housing Board, Chandigarh, is excessive and not in confirmity with the
rules.
2. Heard on 21.1.2010 at UT Guest House, Chandigarh. Appellant is
represented by her husband Shri J.P. Jain. He draws the Commission’s
attention to Rule 13 (iii) of Chandigarh Lease Hold of Sites and Building
Rules, 1973, which reads as follows :-
“If rent is not paid by due date, the lessee shall be liable to pay a
penalty not exceeding 100 per cent of the amount due which may
be imposed and recovered in the manner laid down in section 8 of
the Capital of Punjab (Development and Regulation) Act, 1952, as
amended by Act no. 17 of 1973.”
To illustrate, he would that submit if annual rent for the
property is, say, 1000/-, the penalty imposed by the Housing
Board can not exceed Rs. 1000/-, regardless of duration of non-
payment. However, in the case of the appellant, the penalty
imposed far exceeds the limits prescribed in the rules extracted
above.
3. On the other hand, Shri Sharma would submit that the penalty has
been imposed as per the terms and conditions of allotment letter. He
would also draw the Commission’s attention to notification dated
22.7.1993 issued by the Finance Department which provides that interest
at the rate of 24% is chargeable from those who make late payment.
DECISION
4. Shri N.K. Sharma is directed to study the rules carefully and
consult the Finance Department, if need be, and send a reasoned
response to the appellant, with a copy thereof to the Commission.
5. The appellant will be at liberty to move the Commission again, if
he is not satisfied with the CPIO’s response.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be
supplied against application and payment of the charges, prescribed
under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Shri Naresh Kumar Sharma
Accounts Officer,
Housing Board, Sector-9,
Chandigarh.
2. Ms Rani Jain
House No. 1293, Chota Khera,
Ropar-140001