Review decision of recovery of enhancement of compensation with regard to 256 Acre IT Scheme
Mohinder Aggarwal, State Secretary, PPBM and Member of Sub-Divisional Grievances Redressal Committee, Ludhiana (West) writes to Punjab CM and Local Govt Minister Punjab
Ludhiana: Mohinder Aggarwal, State Secretary, Punjab Pradesh Beopar Mandal (PPBM) and Member of Sub-Divisional Grievances Redressal Committee, Ludhiana (West) has written to Punjab CM Capt Amarinder Singh and Local Government Minister Punjab Brahm Mohindra requesting for an urgent need to review decision of recovery of enhancement of compensation, as per Trust notification of dated 13.12.2012 with penalty and interest @ Rs 235.40 per sq. yds with regard to 256 Acre Improvement Trust Scheme.
In his representation, he has raised some objections and also gave some suggestions and requested to both Punjab CM and Punjab Local Government Minister not to implement notification dated December 13, 2012 and reference made u/s 18 of Land Acquisition Act 1894 be modified and amended by passing a resolution in the general house of the assembly at the earliest.
He has stated that the Ludhiana Improvement Trust (LIT) may clarify whether the vacant lands, parks, land reserved for the schools and lands falling under the overhead high-tension wires have also been added in the compensation of Rs. 235.40 and the parameters and guidelines implemented, while fixing of Rs. 235.40 need to be supplied to the owners of the property.
He has also raised objection stating that the occupants of the properties of Block A, B, C, D, E, F excluding XYZ and owners of HIG/MIG Flats and build-up houses of the houses/kothis have been sent copies of the notification dated 13.12.2012 sometimes in the recent past (2019-20) after passage of so many years.
He has further stated as under:
• That this notification of 13.12.2012 and references u/s 18 of the Land Acquisition Act 1894 at this stage being implemented in 2019-20, can be reviewed by studying the ground realities on the issue, as position on the status of the plot/buildup houses/status of the plot/kothis, differs from man to man and location to location, and site to site and differ from ownership/occupants of the plots/kothis.
• That the masses of Ludhiana are compelling him (Mohinder Aggarwal) being a RTI Activist and Member District Ludhiana West Sub Division Grievances Redressal Committee to ask the Ludhiana Improvement Trust to study the rule of court of law under which allotment can be cancelled without following legal courts of action.
• That every case of plot/kothi being the owner or the occupant of the property be studied in respect of every case on below noted counts and areas such as:- a) 256 acre residential accommodation/ commercial location relating to 100, 150, 200, 250, 300, 400, 500 sq yds.
• That A matter to be investigated in present rate of land offered to the original owner being enhanced by the competent authority, as a result of reference made under section 18 of 1894 before hand of the Land Acquisition Act 1894, then kindly enquire how under what circumstances/ rule of court, site plans were approved by the Improvement Trust by recovering relevant charges from the owner/ occupant of the plot.
• That in case sale of property of plot Block A to F, XYZ many a times, under what rules water and sewerage charges are recovered from old/new owners of properties, kindly specify rules with detail.
• That how SDM(W) / Tehsildar / Naib Tehsildar were allowed to register sale deeds since bifurcation of 256 acre Trust Scheme Colony and how Trust has now come into action now for cancellation of allotment of land / houses/ properties.
• That Ludhiana Municipal Corporation is recovering property tax from the property of Improvement Trust from Black A to F & XYZ of 256 Acre scheme by regularization and allotting of plot/kothi no. B-19/388 (Plot or kothi number of the owner of property) to each individual owner of the plot/ house/ occupant/ kothi from A to F, XYZ of 256 Acre Improvement Trust Scheme.
• That in case be a consumer of the PSPCL, the residents of Block A to F, XYZ are paying electricity bills of different rate of loads and PSPCL is recovering lakhs/crores of rupees from residents/ owners/ occupants of the properties and in this case how allotment of the plot/ property can be cancelled as per notification dt. 13.12.2012 and u/s 18 of Land Acquisition Act 1894.
• That under OTS (One Time Settlement Scheme), HCFs in 256 Acre Improvement Trust Scheme are regularized by recovery of compounding charges, then how notification of 13.12.2012 can be implemented in 2019-20 after expiry of so many years.
• That in some para commercial sites/ establishments/ unauthorized grabbing of the land, the Change of Land use (CLU) and Mix Land Use (MLU) has been allowed under OTS (One Time Settlement Scheme) and how now owners have compelled to deposit Rs. 235.40 per sq yds and now from 13.12.2012.
• That by this notification of 13.12.2012, the Ludhiana Improvement Trust will definitely invite the public to switch over legal course of action and the Ludhiana Improvement Trust will have to open a separate legal cell to deal with dispute of legal cases of Block A to F, XYZ of 256 acre trust scheme relating to dispute to deposit Rs. 235.40 per sq yds.
• That in many cases the owners / occupants had left this universe after or before 13.12.2012 and now legal heirs have no source of income to deposit penalty and interest @ Rs. 235.40 per sq yds w.e.f. 13.12.2012 and Improvement Trust has no right to put on sale the plot/ house / kothis of the owners/occupants in Block A to F, XYZ of 256 Acre Improvement Trust Scheme.
• That as per rule of court of law every resident has the right to build-up residential accommodation, shelter home, Rain basera and to cancel it as per notification of 13.12.2012 will amount violation of court of law which will definitely increase the number of court of cases against the improvement trust.
• That best way to resolve the issue of dispute of penalty and interest and recovery of Rs. 235.40 per sq yds as per notification of 13.12.2012 is to constitute SIT (Special Investigation Team) and FFC (Fact Finding Committee) under the command of Ministry for Local Bodies State of Punjab or SDM/Enquiry Officer being nominated by the Ministry of Local Bodies State of Punjab.
• That Improvement Trust may confirm the status of residential houses/ properties/ occupants which are locked for years and there are nowhere about the owners of properties and how notification of 13.12.2012 will be implemented on them.
• That in some cases, the residents had taken loans from the banks / financial institutions by leasing of the properties by certification of legal advocates, then how trust will tackle such cases, if so, supply details.
• That in case of executing of vaseyats (wills) to legal heirs of the properties from A to F XYZ of 256 Acre Trust Scheme and in some cases legal cases are going on with the occupants for recovery of loan amount and then how trust notification of 13.12.2012 will be applicable in such cases.
• That first of all the Improvement Trust must allow Change of Name / Transfer of Properties from the Original owners / occupants of properties to new residents / occupants from block A to F, XYZ before affecting notification of 13.12.2012 to ease residents to study the correct meaning of notification of 13.12.2012 and for the time being the notice of notification of 13.12.2012 be withdrawn.
• That in several cases court cases are going on with the owners of the properties / occupants and they have become bankrupt and cases are going on in the court of law for sale/ grab of the properties and in this case how Improvement Trust will resolve the issue.