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High Court slams UT on ‘faulty’ building bylaws

The Punjab and Haryana High Court on Friday slammed the Chandigarh Administration for “creating trouble” for city residents because of “faulty” building bylaws.

Written by RAGHAV OHRI | Chandigarh | Published: October 20, 2012 4:03 am

The Punjab and Haryana High Court on Friday slammed the Chandigarh Administration for “creating trouble” for city residents because of “faulty” building bylaws.

Observing that rules prepared by the administration were “only on paper”,a division bench remarked that the rules were nothing but a “camouflage”. The scathing remarks were passed during the resumed hearing of a petition filed by a local resident. The petitioner had contended that difficulties were being encountered by city residents owing to new building bylaws of the administration.

Referring to the disputes arising amongst co-owners in a house,it was contended that litigation was increasing as co-owners were not giving no-objection certificate for sale/modification of share of the other co-owner. It was in 2001 when the administration had introduced the apartment rules wherein floor-wise registration of property and sale was permitted. However,in 2007 the apartment rules were repealed by the administration.

Now registration and sale of property is permissible only as per percentage share of a co-owner. Observing that all this was “sham”,the division bench questioned the counsel appearing for the administration as to whether the rules were actually being complied with. The bench orally remarked that “builders are purchasing properties” and selling portions of the property piece by piece.

The court questioned the counsel whether sale deeds of properties were taking place as per the existing rules. Asking the administration to come out of this “camouflage”,the bench said it (administration) should rather “become straightforward” and admit its folly. The court remarked that difficulties of city residents had multiplied by not allowing them floor-wise sale/modification. However,the counsel for the administration said no objection from a co-owner was mandatory as per the rules.

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