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MINUTES OF 166TH MEETING THE MUNICIPAL CORPORATION CHANDIGARH HELD ON 21.04.2011 AT 11.00 A.M. IN THE ASSEMBLY HALL OF THE MUNICIPAL CORPORATION, CHANDIGARH.

The following were present:

1. / Sh. Ravinder Pal Singh / Mayor
2. / Sh. Brijendra Singh, IAS / Commissioner
3. / Sh. Kuldip Singh / Sr. Dy.Mayor
4. / Smt. Sheela Devi / Dy. Mayor
5. / Brig. K.S.Chandpuri (Retd.) / Councillor
6. / Dr. Neelam Malik / Councillor
7. / Sh. M. P. S. Chawla / Councillor
8. / Dr. A.P. Sanwaria / Councillor
9. / Ar. P.K. Mukherjee / Councillor
10. / Sh. Resham Chand Jakhu / Councillor
11. / Dr.Pam Rajput / Councillor
12. / Dr. Amrit Bolaria / Councillor
13. / Smt. Harjinder Kaur / Councillor
14. / Sh. Manjit Singh / Councillor
15. / Smt. Anu Chatrath / Councillor
16. / Sh. Pardeep Chhabra / Councillor
17. / Sh. Chander Mukhi Sharma / Councillor
18. / Sh. Surinder Kumar Jagota / Councillor
19. / Sh. Harphool Chand / Councillor
20. / Sh. Jagjit Singh Kang / Councillor
21. / Sh. Bhupinder Singh / Councillor
22. / Smt. Kamlesh / Councillor
23. / Sh. Rajesh Kumar Gupta / Councillor
24. / Smt. Anju Beniwala / Councillor
25. / Sh. Devinder Singh Babla / Councillor
26. / Smt. Sarita Devi / Councillor
27. / Sh. Vijay Singh Rana / Councillor
28. / Sh. Jatinder Bhatia / Councillor
29. / Smt. Raj Kumari / Councillor
30. / Sh. Gurcharan Dass Kala / Councillor
31. / Smt. Sunita / Councillor
32. / Sh. Anil Kumar Dubey / Councillor
33. / Sh. Lalit Siwach, HCS / Secretary

The following Officers also attended the meeting: -

1. / Sh. Sunil Bhatia, PCS / Additional Commissioner-I
2. / Sh. Kamlesh Kumar, HCS / Joint Commissioner
3. / Sh. S.S. Bida / Chief Engineer
4. / Sh. R.K.Goyal / Superintending Engineer (P.H.)
5. / Sh. Mukesh Anand / Superintending Engineer (B&R)
6. / Dr. B.K. Salwan / Municipal Health Officer
7. / Sh. Amar Chand / Chief Accounts Officer
8. / Sh. Vishal Gupta / XEN Roads Divn. No.1
9. / Sh. Jai Pal Singh / XEN Roads Divn. No.2
10. / Sh. Sanjay Arora / XEN Roads Divn. No.3
11. / Sh. R.S.Ahluwalia / XEN (P.H. Divn.No.2)
12. / Sh. Anil Bansal / XEN (P.H. Divn.No.3)
13. / Sh. V.K. Garg / XEN (P.H. Divn.No.4)
14. / Sh. Arun Kansal / XEN. Horticulture

At the outset, the Mayor welcomed Sh.Brijendra Singh, IASasCommissioner, Sh. Sunil Bhatia as Additional Commissioner & Dr. B.K.Salwan as M.O.H.

Dr. A.P.Sanwaria raised question as to whether this meeting is 165th (adjourned) meeting or 166th meeting.

The Secretary clarified that it is 166thmeeting i.e. monthly meeting as already mentioned in the letter dated 20.4.2011.

Sh. Harphool Chand Kalyan raised the issue of a news item published in “Amar Ujala” dated 13.4.2011 that BJP has stated that Dr. B.R. Ambedkar was untouchable which has hurt the sentiments of the whole of the Dalit Community. This was also supported by other members.

Sh. Jagjit Singh Kang raised the question as to whether the minutes of the meeting held in the month of January, 2011 have been amended or not as per letter.

The Secretary clarified that since the minutes were approved by majority, the same cannot be amended. However, he stated that letter has been written to you clearly stating therein that the issue be taken up with the Secretary Local Government and whatever directions would be received from there, would be complied accordingly.

Smt. Sarita Devi raised the issue that in the last meeting,the opposition members were suspended, but no action has been taken against those who initiated the issue in question.

On this Dr.A.P.Sanwaria stated that whatever was held in the last meeting was unfortunate. Even as much as he asked for the C.D. and the C.D. supplied to him was incomplete sovirgin and un-doctored C.D. be supplied to him. If he is supplied the complete C.D. and it proves that whatever is stated therein, he shall resign as it has tarnished his image.

Smt. Anu Chatrath pointed out that the Councillors are representatives of the people and are answerable to the public and desired that instead of wasting our time on petty things, we should first dwell upon the development agendas and rest of the things can be discussed afterwards.

Sh. Jatinder Bhatia pointed out that he has written a letter on 11.2.2011and wanted to know that where is that letter. He further made it clear that he has asked for certain information regarding the electricity cable i.e. how much cable has come, where is old cable, has it been auctioned and how much cable is lying in our stock? How much cable has been purchased during the last year?

The Chief Engineer clarified that earlier the Executive Engineer was busy and then the Executive Engineer was transferred , however, reply will be given in the next meeting.

The Mayor also said that the reply will be given in the next meeting.

After that, all the Councillors started speaking together and nothing could be heard.

Dr. Amrit Bolaria pointed out that since we are all well educated people and should not fight over petty matters like dogs.

On this all the Councillors jointly protested and demanded that she should feel sorry for that.

Dr. Amrit Bolaria withdrew her wording and apologized this pacified the House.

Agenda Item No.1.Confirmation of the minutes of 165th meeting of the General House held on 29.3.2011 at 11.00 a.m. in the Assembly Hall of the M.C. Chandigarh.

The Secretary put up agenda item No.1 for confirmation of the minutes of 165th meeting of the General House held on 29.3.2011 at 11.00 a.m.

Dr. A.P.Sanwaria suggested that the word “National Song” at page No.2 be substituted in place of “National Anthem”.

The House confirmed the minutes of 165th meeting of the General House held on 29.3.2011 at 11.00 a.m. in the Assembly Hall of the M.C. Chandigarh.”

AGENDA ITEM NO. 2

QUESTION/ANSWER

Question No.1 By Sh. Chander Mukhi Sharma, Councillor.

Question No.2 By Smt. Hajinder Kaur, Councillor.

The Secretary placed agenda item No.2 before the House for consideration and approval.

Question No.1

Sh. Chander Mukhi Sharma said that the agenda was passed regarding the allotment of land for the group housing society for employees of the Municipal Corporation, Chandigarh and there was provision of for 15%EWS houses. It was resolved earlier that since our financial position was not sound, we may auction remaining land. Now the financial position has improved, we should safe guard the rights of the employees of the Corporation. After detailed discussions with the Ex-Mayor Smt. Kamlesh, it was concluded that after keeping 15% of the sites for EWS houses and the rest of the land be auctioned. The terms and conditions of the scheme were settled after thorough discussion with Hon’ble Minister Sh. Pawan Kumar Bansal and Ex-Mayor Sh. Subhash Chawla. He referred point No.3 of his question and stated that if the office has to use a dictatorial attitude, then the House should not be defamed. He noticed that during the previous years, he referred the incident of an inquiry during the tenure of the then Mayor Smt. Anu Chatrath. He further stated that if all the powers are vested with the Executive, then, what is the function of House. He suggested that before proceeding further in the matter, the responsibility of the official responsible for delay be fixed. Then he referred to Point No.9 of his question, which says that if clause of the 15% of EWS houses has not been implemented by the successful firm/bidder and further to provide the name of the officer along with designation during that period, who was responsibleto ensure the compliance. Sh. Chander Mukhi Sharma stated that the proper reply to his queryand further informed that his question is pending for the last three months after the lapse of three months House is being mislead.

Sh. Chander Mukhi Sharma further stated that the land in question belongs to the Municipal Corporation and it was auctioned by the Municipal Corporation and how the responsibility lies with the Estate Officer.

The Joint Commissioner informed the House that the building plans were sanctioned by the Estate Office and further stated that the building plans for15% quota of EWS houses were separateplan and approved by Estate Office, and the Estate Office is to issue relevant certificates for construction from time to time.

Sh. Chander Mukhi Sharma stated that as per Clause No. 14 of the terms and conditions, the Additional Commissionerexercising the powers of Estate Officer is fully empowered. He further stated that it is not easy to run the Corporation with such an attitude of the officers. He further submitted that it is our social responsibility to provide assistance to the weaker section of society.

The Joint Commissioner informed the House that there is no mention of 15% quota of EWS houses in the allotment letter but there is a clause in the building plan that 15% quota will be kept for EWS houses. The building plan for the said quota has already been approved and occupation certificates are also issued by the Estate Office. He Further informed that all such documents were dealt with by the Estate Office and have been issued by that office.

Sh. Chander Mukhi Sharma further enquired that whether any officer of the Corporation visited the site to verify whether the 15% quota for EWS houses has been provided or not. He said that the building plan was to be submitted to the Municipal Corporation who forwarded the same to the Estate Office for sanction.

In reply to this, the Joint Commissioner informed that the building branch of Municipal Corporation was not well established at that time for sanctioning of such type of plans, so the building plans were sent to the Estate Office and all such like plans were approved by the Estate Office.

Sh. Chander Mukhi Sharma then referred to the information supplied by the office of point No. 21 of his question. He stated that the office informed that area of the flats is not available with the Corporation as the plan file is with Estate Office whereas the office has also admitted that a copy of the building plan has been obtained by Municipal Corporation from the Estate Office and the same is now available with the Corporation.

In response to this the Joint Commissioner informed that original plan is with the Estate Office and this office has only collected the copy of building plan from the said office. Further Joint Commissioner assured that if any information isstill left out, it will certainly be supplied and stated that it was not intentional.

Sh. Chander Mukhi Sharma referred to the reply of point No. 24wherein the officehas admitted that clause for 15% EWS houses has been implemented but as per Annexure-IVthe office informed that it is not sure that whether the 25 houses which were shown to the team of Municipal Corporation are really EWS houses or not.

The Joint Commissioner informed that the SDO (Building) of Municipal Corporation has inspected the siteon 21.01.2011 and the report submitted by him is placed at Annexure-IV. Further, clarification on the information will be taken from the Estate Office.

Worthy Mayor said that you should personally visit the site to verifythe exact position.

The Joint Commissioner informed that he visited the site and verified that there are some small houses but he is not in a position to give the technical report that the houses constructed are the EWS houses or not. Moreover, the occupation certificates issued by the Estate Officer pertains to these houses.

Worthy Commissioner replied that it is very clear thatAdditional Commissioner has power to visit and inspect the site and satisfy himself that as to whether the terms and conditions have been met with or not. It is for the Additional Commissioner to decide that whether any confirmation or clarification is required but the report to be presented before the House must be very clear and directed the Joint Commissionerto re-inspect the site alongwith team of 2-3 officers andsubmit the report within 2-3 weeks. He further desired that a team headed by Additional Commissioner alongwith the Engineers of Municipal Corporation and if required the SDO (Building) of Estate Office will also accompany them. Worthy Commissioner further clarified that the land belongs to Municipal Corporation and has beenauctioned by Municipal Corporation and the terms and conditions were settled by the Municipal Corporation, so it is upto the Municipal Corporation to satisfy itself or to involve some other authorities for the purpose to answer the House. It is entirely the responsibility of Municipal Corporation.

Sh. Anil Kumar Dubey said that enquiry should be conducted by CBI against the persons who were involved in the booth scam.

Worthy Mayor replied that the matter is already under investigation, moreover it is not within the purview of the House.

Question No.2

Smt. Harjinder Kaursaid that she requested the details of Enforcement staff and reply submitted by the office after four months is not acceptable and said that powers given to the Commissioner are to be used properly and the required information of Enforcement staff of last three years may be supplied in detail including their place of posting with dates.

Worthy Mayor replied that the former Commissionerpromised that in April, 2011 new system will be introduced as Smt. Anu Chatrath former Mayor pointed in the House that staffin the Enforcement Wing will be posted as per their original cadre and the staff taken from other cadres will be repatriated. The Mayor further apprised the House that he has already discussed the matter with the present Commissioner who assured that action will be initiated as per resolution of the House.

Smt. Harjinder Kaur further stated that if she would have demanded the information under RTI Act, the office would have supplied the same within 30 days, but in the present case, the office supplied information after the lapse of four monthsthat too, incomplete. It is so surprising that House has no power even to take some information from the office. She further demanded that complete information be supplied to her.

Sh. Chander Mukhi Sharma supported Smt. Harjinder Kaur and submitted that the information presented in theHouse must be clear and upto date otherwise it will be viewed seriously.

Dr.A.P. Sanwaria said that he is so surprised to know that Government of India has given the first prize for cleanliness in the city and at the same time, we usually criticizeand down grade ourselves and further stated that we should not condemn ourselves every time.

Sh.Manjeet Singh Chauhan said that office has already made the proper arrangement to clean the city and sanitation committee visits the Wards every month.

AGENDA ITEM NO. 3

Rough Cost Estimate for construction of Sports Stadium at Village Dadu Majra, (Building Portion), Chandigarh.

The Secretary placed agenda item No.3 before the House for consideration and approval.

Smt. Kamlesh stated that agenda was submitted on the request of the residents of Dadu Majra. It was their request that some portion of the Track may be kept kutcha. The matter was also discussed in the meeting in which Hon’ble Minister Sh. Pawan Kumar Bansal and Chief Architect were present. She enquired that whether the office has received the confirmation from the office of Chief Architect that required portion will be kept kutcha.

The Chief Engineer replied that so far the office has not received any confirmation from the Chief Architect in this regard.

Smt. Kamlesh requested the Chief Engineer to take up the matter with Chief Architect for this purpose.

The House considered and unanimously resolved that estimate amounting to Rs.98.08 lac forconstruction of Sports Stadium at Village Dadu Majra, (Building Portion), Chandigarh,be and is hereby approved.”

AGENDA ITEM NO. 4

Providing and laying 40mm thick Asphaltic Concrete on V-4 Roads in Sector 32, Chandigarh.

The Secretary placed agenda item No.4 before the House for consideration and approval.

The House considered and unanimously resolved that estimate amounting to Rs.48.89 lac forProviding and laying 40mm thick Asphaltic Concrete on V-4 Roads in Sector 32, Chandigarh,be and is hereby approved.”

AGENDA ITEM NO. 5

Providing and fixing 60mm thick interlocking paver blocks on V-6 Roads in Sector 28-B, Chandigarh.

The Secretary placed agenda item No.5 before the House for consideration and approval.

Worthy Mayor apprised the House that Superintending Engineer (B&R) has informed that on V-5 and V-6 Roads,6 feet paver blocks will be fixed as per policy.

The House considered and unanimously resolved that estimate amounting to Rs.38.20 lac forproviding and fixing 60mm thick interlocking paver blocks on V-6 Roads in Sector 28-B, Chandigarh,be and is hereby approved.”

AGENDA ITEM NO. 6

Widening and carpeting of V-5 Roads in Sector 29 A&B, Chandigarh.

The Secretary placed agenda item No.6 before the House for consideration and approval.

“The House considered and unanimously resolved that estimate amounting to Rs.114.25 lac forWidening and carpeting of V-5 Roads in Sector 29 A&B, Chandigarh,be and is hereby approved.”

AGENDA ITEM NO. 7

Non-Govt. Organizations for operation and maintenance of Gaushala Sector-45 and Maloya.

The Secretary placed agenda item No.7 before the House for consideration and approval.

Sh. Chander Mukhi Sharma pointed out that we are leasing outthe gaushalas to an NGO/Regd. Party for five years and who have to raise permanent structure on the site but what would be the fate of that structure after the expiry of the lease period i.e. whether structure so raised is to be removed by the party or to be remain as it is.

The Mayor clarified that the structure would be raised with the prior permission and after the expiry of the lease period, it will be remain as it is.

Sh. Chander Mukhi Sharma further pointed out that as to whether only one gaushala is to be handed over to one NGO/Regd.body/individual body for its maintenance and operation or party who is already having the charge of a gaushala is to be given an additional gaushala ?

The Mayor said that the one party will be given only one gaushala.

“The House considered and unanimously approved the agenda item subject to the condition that the agency will raise the structure with prior permission and after the expiry of the lease period, the structure will become the property of Corporation and further that one agency will be allotted only one gaushala,be and is hereby approved.”