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Friday, October 22, 2021

HC sends notice to Union of India, UT, over plea challenging repeal of rules

They emphasise that Chandigarh was meant for a population of 5 lakh people, however, the population has grown to be 11 lakh now, and the rules will allow realtors and building developers to turn the City Beautiful into a concrete jungle.

By: Express News Service | Chandiagrh |
September 29, 2021 5:44:26 am
The Bench of Justices Rajan Gupta and Karamjit Singh issued the notice in the matter to respondents for November 2, 2021. (File)

The Punjab and Haryana High Court on Monday issued a notice to the Union of India, Chandigarh Administration and others over a petition challenging the notification of year 2007, whereby the Chandigarh Apartment Rules, 2001, have been repealed.

The Bench of Justices Rajan Gupta and Karamjit Singh issued the notice in the matter to respondents for November 2, 2021.

The petition has been filed by Rakesh Kumar Sharma and others through counsel Vivek Singla and Mayank Aggarwal, seeking to quash the notification dated October 1, 2007, withdrawing the Chandigarh Apartment Rules, 2001, alleging it to be illegal, without jurisdiction and violative of articles 14, 19, and 21 of the Constitution.

The petitioners have further sought that the respondents be directed to allow the sale of storey as an independent unit by the Chandigarh Administration, or in the alternative if the HC comes to conclusion that the Act and the Rules prohibit sale of independent floor or storey then to quash Rule 16 of 2007.
The Chandigarh Apartment Rules, 2001, were notified and implemented in Chandigarh in 2001. The rules allowed the sale and construction of houses floor-wise giving the ownership to individuals floor-wise. The notification was repealed when a section of early settlers in Chandigarh found it against the basic character of the city and appealed against it to the then top leaders of the Central government in Delhi in 2007.

As per the Chandigarh Apartment Rules, 2001, every building is subject to the provisions of the Capital or Punjab (Development and Regulation) Act, 1952, and separate and independent units can be made in accordance with these rules. Each such sub-division of a building shall be recognized as a distinct, identifiable property to which the owner/lessee shall have title along with proportionate rights in the declared common areas and common facilities.

As per the earlier settlers, who are opposing the Apartment Rules, 2001, the implementation will kill the basic structure of Chandigarh. They emphasise that Chandigarh was meant for a population of 5 lakh people, however, the population has grown to be 11 lakh now, and the rules will allow realtors and building developers to turn the City Beautiful into a concrete jungle.

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