In a significant case, the Delhi High Court ordered to commence the construction of the Chamber Block of the Sales Tax Bar Association after 15 years of delay in construction.
The building of the chamber block near the Department of Trade and Taxes, Vyapar Bhawan, I.P Estate, New Delhi (Chamber block) for the Sales Tax Bar Association being delayed for the last more than 15 years. Sales Tax Bar Association, the Petitioner sought the relief that the respondent should be commended to construct chambers for members of the Sales Tax Bar Association.
On a query being made, Ms Zubeda Begum, counsel for the State has fairly stated that the Government of the National Capital Territory of Delhi has taken a policy decision to construct the chambers for members of the Sales Tax Bar Association but the agency has to be chosen regard being had to the cost-effectiveness.
Though the responsibility for construction vests in the Public Works Department (“PWD”), due to the multiple authorities who were involved in the process of finalisation of the building plans, not even a brick has been laid, qua the construction of the Chamber block.
The MCD sanctioned the building plans and all the authorities had given them no objection to the earlier plan. However, in 2019 the FAR has been increased from 200% to 300%. However, when the FAR was increased, the plan had to be put up before the various authorities again including the Delhi Fire Service, AAI, ASI, Delhi Urban Arts Commission etc. Later it was submitted that, recently, the Chief Inspector of Factories and the Delhi Fire Service have rejected the building plan.
“The Court is unable to comprehend as to why there is a delay of more than 11 years even in commencing the construction. The Authorities within the Delhi Government have rejected the plan. In a matter of this nature, there needs to be better coordination as the Chamber block construction is in the larger interest of the legal community. If there are any corrections or there are any changes to be made in the building plan, the same shall be informed to the PWD who shall carry out the said corrections. The Chief Engineer PWD shall be responsible to get the plan approved by 15th July 2023,” Justice Prathiba M Singh held.
Further held that the status report shall be placed on record along with the approvals for the plan and the timeline for commencing and concluding the construction of the chamber block.
The Court directed to conduct a meeting convened by the Commissioner VAT, Department of Trade and Taxes in an appropriate venue and the coordination shall also be done by the said Commissioner. The two representatives of the Sales Tax and Bar Association shall also join the meeting.
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