Industrial area lands: Court order on land conversion norms likely to hit traders

No commercial or trading activity is allowed on the said plot. It further stated that the plot was resumed on account of misuse done by tenants, defendants

Written by Swati Mahajan | Chandigarh | Updated: March 17, 2016 8:49:15 am
Factories in Industrial Area in Chandigarh. Express photo

Following a recent local court order, businessmen trading in industrial area plots without conversion according to the industrial policy of the Chandigarh administration will be in for trouble.

The court of Karanvir Singh Maju, rent controller, Chandigarh, while disposing a dispute between a tenant and landlord, held that no trading can be done in industrial plots, if they have not been converted when the commercial use of industrial plots was announced.

The administration has stopped the conversion policy recently and there are several industrial plots defying the norms.

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The tenant (respondent), Vikas Kulhar, was running Transcon Hitech Equipment Private Limited in an industrial plot owned by Pawittar Singh. The plot was already resumed by the administration on the ground of misuse.

The landlord had requested the tenant several times to stop the misuse created by them without the consent of the administration, as the resumption orders had been passed. Despite repeated requests, the tenant did not stop the misuse. Thus, the respondents are liable to be evicted on the ground of change of user.

In his complaint, the landlord stated that due to the acts of the respondents, the property rights of the petitioners have been put under cloud.

The complainant had also asked for eviction of the said plot on the basis of personal necessity.

In their reply, the respondents claimed that the allegations of “change of user” is false since the cabin is still in its original state, when it was initially rented out.

During the trial, the court received summoned record in respect of demised premises, which mentioned that the said plot has been allotted for industrial purpose only.

No commercial or trading activity is allowed on the said plot. It further stated that the plot had been resumed on account of misuse done by different tenants and defendants.

While accepting the petition, the court held: “The respondents are liable to be evicted from the demised premises on grounds of personal necessity of petitioner and changed the user of the demised premises by the respondent. Accordingly, the respondents are given two months’ time to handover the vacant possession of demised premises that is an area measuring 200 square feet situated on the first floor of Plot No 77, Industrial Area, Phase I, Chandigarh.”

The counsel for the petitioner, Vikas Jain, said the order will affect several industrial plots that are running without conversion.

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