Chandigarh administration cancels Berkeley and Godrej’s occupation certificates

Not only this, but the DC has also directed the enforcement branch to ensure compliance with the order and put up a compliance report for record within a week. The enforcement agencies have been asked to ensure that the building is not put to habitable use any further after revocation of occupation certificate.

After the State Environment Impact Assessment Authority (SEIAA), Chandigarh, had stated that both the buildings had misrepresented the issue of wildlife clearance and violations such as changing/enhancing the scope of work beyond what was mentioned in the clearance granted in 2015, it was found that the show cause notices were issued.

In September last year, the Chandigarh Administration had even sealed the Berkeley building in the wake of environmental violations. However, as the management moved the apex court, the UT had to de-seal it within 36 hours and also restore the electricity and water connections.

On the directions of the Chandigarh Pollution Control Committee (CPCC) for allegedly violating environment norms, the Chandigarh Administration had on September 1 last year sealed the commercial complex, Berkeley Square, citing violation of several environmental norms.

The administration then had said that they had found the unit was running a commercial complex along with a service station and had installed two diesel generator sets of 320 KVA each and two of 62.5 KVA each. The unit also offered denting and painting services and installed a paint booth on the third floor of the building. And as per the conditions issued to them by the CPCC, the unit was not supposed to install or use a diesel generator set without prior permission of the CPCC — apart from other environmental violations here.

For Godrej Eternia building, a show-cause had been served last year as well by the Chandigarh Estate Office specifying that the building plan and its occupation certificate had been obtained by “misrepresenting and concealing facts”.

The notice then had said that the “construction has been done without taking prior clearance from the standing committee of National Board of Wildlife as applicable as the building fell 10 km within the notified wildlife sanctuary (Sukhna Wildlife Sanctuary and City Bird Sanctuary), which implies that it requires permission of National Board for Wildlife. However, no such permission was taken”.

“The said permission from National Wildlife Board has not been submitted to the Estate Office, UT Chandigarh even after the expiry of more than 10 years after completion of the building,” the showcause notice from the Estate Officer had then said.

While revoking the occupation certificate and building plans on Thursday, the detailed order by the DC said, “Since the building plan has been sanctioned by misrepresenting, which deserves to be revoked under Rule 11.1.11 of the Chandigarh Building Rules (Urban), 2017 and which was further followed by subsequent construction at the site and finally obtaining the occupation certificate dated 09.06.2015, in violation of conditions of environmental clearance, therefore, in exercise of powers conferred upon me under Rules 11.1.11 and 11.3.6 of the Chandigarh Building Rules (Urban), 2017, I hereby order to revoke the Building Plans dated 31.08.2009, subsequent Revised Building Plans and the Occupation Certificate granted on dated 09.06.2015 with immediate effect.”

Also, as per clause 20 of the Chandigarh Conversion of Land Use of Industrial Sites into Commercial Activity in Industrial Area, Phase I and Phase II, Scheme 2005, construction at this site requires compliance of said EIA Notification 2006.

Affected business owners have, however, alleged that the UT administration “is adopting a pick-and-choose policy”.