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High Court order shakes up the case of Berkeley Realtech Ltd's Plot No. 24

In an unfolding administrative and legal saga, the Estate Officer of the Union Territory (UT) has issued directives aimed at resolving building violations and misuse concerns surrounding Plot No. 24 in the Industrial Area, Phase 1, owned by Berkeley Realtech Ltd. The Estate Officer's actions were precipitated by a directive issued on September 6 at 10 am, instructing the Sub-Divisional Officer (SDO) responsible for buildings to conduct an inspection.

However, the proceedings took an interesting turn when Vikas Jain, an advocate representing Berkeley Realtech Ltd, submitted an application to the Estate Officer. Mr. Jain's application brought to the Estate Officer's attention an important development: a Punjab and Haryana High Court order dated August 28. In this order, Berkeley Realtech Ltd was granted certain legal directives and protections. Citing this court order, Mr. Jain requested a three-week extension to file a comprehensive reply to the existing notices and also sought access to the complete records of the ongoing proceedings before the Sub-Divisional Magistrate (SDM) in the East district.

Acknowledging the receipt of relevant records as per the High Court's directive, the counsel for Berkeley Realtech Ltd complied with the court's instructions and sought a consolidated resolution for the two show cause notices issued by the SDM and the third one issued by the Estate Officer. The aim of this consolidation was to avoid the proliferation of litigation and ensure a more streamlined and efficient resolution process.

In response to these developments, the Estate Officer issued a set of directives aimed at addressing the complex situation. First and foremost, Berkeley Realtech Ltd was instructed to submit a comprehensive reply to all three notices by September 11. In addition, they were mandated to provide a copy of this reply to the Assistant Estate Officer-II, who is responsible for the Building Branch, by the same date. This step was taken to ensure transparency and facilitate communication between the concerned parties.

Meanwhile, in light of the ongoing legal and administrative proceedings, the Estate Officer reinforced the need for the inspection of the building and premises. The SDO responsible for buildings was directed to conduct the inspection on September 6 at 10 am. Notably, this inspection would be conducted in the presence of the property owners and the individuals who had received the notices, ensuring that all stakeholders had the opportunity to address any concerns or observations made during the inspection. The SDO was subsequently tasked with submitting a detailed inspection report to the Estate Officer by September 11, contributing to a comprehensive understanding of the status of building violations and misuse.

The backdrop to these administrative actions involves the sealing of the Plot No. 24 on September 1, a decision carried out by the Enforcement Wing of the UT Estate Office following directives from the Chandigarh Pollution Control Committee (CPCC). Notably, the CPCC also issued a directive to Berkeley Realtech Ltd, ordering them to remit an environmental compensation of Rs 3.75 lakh within 15 days.

In sum, the situation surrounding Berkeley Realtech Ltd's Plot No. 24 in the Industrial Area, Phase 1, has entered a critical phase of administrative and legal scrutiny. The actions taken by the Estate Officer, in conjunction with the directives from the Punjab and Haryana High Court, signal a concerted effort to comprehensively address building violations and misuse while ensuring a fair and transparent resolution process. The upcoming weeks will likely witness further developments in this complex case as all parties involved work towards a resolution.

 

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