August 11, 2021 6:06:00 am
The Supreme Court has stayed the order of the Punjab and Haryana High Court, wherein the UT Administration was directed to conduct a physical survey of properties and buildings which have witnessed transfer of shares.
A division bench of Justices L Nageswara Rao and Aniruddha Bose issued the order while hearing the petition filed by Mamta Gupta, a resident of Chandigarh.
The petitioner, Mamta Gupta, through counsel, Senior Advocate Vikas Singh, and Shree Pal Singh, AOR, have challenged the order, dated July 27, 2021, of the Punjab and Haryana HC.
In the plea (SLP) in the SC, it was submitted there is no prohibition on multiple individuals buying residential units. An illustration of the same can be seen from the case of the petitioner (who was never made a party before the HC), who had sold a percentage of a residential house.
It was submitted before the SC that a perusal of the relevant rules and provisions shows that there is no restriction under any Act, rule or regulation which prohibits an individual to buy a certain percentage of a residential home. The caveat is that the construction of the said home must be done in a cohesive manner and as a single entity, the plans for the same are passed as a composite whole. A report of an Amicus appointed by the court supports this contention.
It was submitted by the petitioner that order of High Court violates the fundamental rights of individuals like the petitioner.
After hearing the contentions, the SC bench held, “We are informed by the learned Senior Counsel appearing for the petitioner that the writ petition is listed for hearing before High Court on August 11, 2021. The pendency of this Special Leave Petition shall not deter the High Court from continuing with the hearing of the writ petition.”
“However, the direction issued by the High Court for conducting a physical survey of properties /buildings to be identified by the Estate Officer where there has been transfer of shares is stayed,” said the bench in the order.
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