Right to service panel penalises Chandigarh MC officers for delay in NOC for house transfer
Applicant Shivani Devi submitted the necessary documents on November 27, 2024 for getting the NOC for house transfer but the designated officer failed to issue it during the stipulated period of 31 days, which expired on January 10, 2025
Chandigarh
Chief commissioner of the Chandigarh Right to Service Commission, Mahavir Singh, imposed a penalty on officers of the Estate Branch, municipal corporation, for failing to issue a no objection certificate (NOC) for the transfer of a house within stipulated time frame. The case pertains to a resident of Khuda Alisher, Chandigarh,who had not been issued the NOC by the officials despite submitting the required documents and sending multiple reminders
A fine of ₹4,000 has been imposed on Darshan Pal Singh, superintendent (designated officer), and ₹2,000 on Ravinder Singh, senior assistant, Estate Branch, municipal corporation. Out of the total penalty imposed by the commission, 50% of the total amount ordered to be paid to the applicant, Shivani Devi.
A notice has been issued to Sunil Dutt, who served as superintendent in the Estate Branch from June 16, 2022, to December 13, 2024, for his inaction on the applicant’s request. He has been asked to explain why penal action should not be taken against him under Section 2(h) of the Punjab Right to Service (Amendment) Act, 2014, as extended to the Union Territory of Chandigarh.
As per the law, NOC for the transfer of lease rights by sale, gift, family transfer deed, or exchange deed is required to be issued within 31 working days from the date of submission of application. Shivani Devi submitted the necessary documents on November 27, 2024. However, the designated officer failed to issue the NOC during the stipulated period, which expired on January 10, 2025
Taking suo motu action under Section 17(1)(b) of the Punjab Right to Service Act, 2011, the chief commissioner issued a notice on March 3, 2025, directing the designated officer to show cause for the delay. He was also asked to appear in person on March 7, 2025, with a complete record of the case and a written response.
In his reply, the designated officer claimed that Khuda Alisher was initially under the Zila Parishad before merging with the municipal corporation in 2019. He stated that the Zila Parishad had not transferred relevant records, which led to delays in processing applications. The records were finally received on November 26, 2024, and the applicant was informed of the deficiencies in her application on the same day.
However, the applicant rebutted that she had submitted all required documents on November 27, 2024.
The designated officer and senior assistant were directed to submit a written explanation by March 19, 2025, which was found unsatisfactory by the service commission, and penalty was imposed on them under section 2(h) of the Punjab Right to Service (Amendment) Act, 2014 for not fulfilling their duty within the stipulated period.
