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Thursday, October 21, 2021

Plea over floor-wise building plans: No NoC mentioning floors issued by estate office, UT Admin tells HC

The UT administration's plea comes in the wake of the High Court asking Chandigarh's counsel to clarify whether NoCs have been issued by the Administration/competent authority indicating not only the share, but also floor-wise allocation of buildings.

By: Express News Service | Chandigarh |
September 25, 2021 1:23:02 am
PUNJAB and Haryana HC, PUNJAB and Haryana hc judge, dera chief, gurmeet ram raheem, indian express, indian express news, chandigarh news, current affairsPunjab and Haryana High Court. (Express file photo by Jasbir Malhi)

THE UT Administration has clarified before the Punjab and Haryana High Court that the estate office does not issue No Objection Certificates (NoCs) mentioning particular floors of buildings.

The UT administration’s plea comes in the wake of the High Court asking Chandigarh’s counsel to clarify whether NoCs have been issued by the Administration/competent authority indicating not only the share, but also floor-wise allocation of buildings.

The UT Administration’s response to the court’s query was filed by Harjeet Singh Sandhu, Assistant Estate Officer, UT, before the division Bench of Justices Tejinder Singh Dhindsa and Vivek Puri.

Regarding the allegations by petitioner’s (RWA) counsel that the UT administration was handing out NoCs categorically mentioning floors as well, the Chandigarh Administration, in its reply, submitted that the NoC in question was issued in the case of a house in Sector 27, and the same was issued to the co-sharers on account of lien being created on their shares. It was further submitted that on request of the Punjab and Sind Bank, after creation of charge on the property, the charge/lien was noted and taken on record for necessary action on the property records.

“The estate office does not issue NoCs mentioning a particular floor. No such NoC mentioning a particular floor on the basis of share of owner/co-owner was issued by the deponent or any of his predecessor as per records, except the ones which may have been issued on the basis of registered sale deeds executed while Chandigarh Apartment Rules 2001 were in vogue”, the UT Administration’s affidavit read.

“An order was issued on August 20, this year to ensure that in the future also no NoCs are issued for floor wise possession of buildings,” the affidavit further stated.

Meanwhile, the HC bench on Friday also dismissed an application seeking for re-calling of an order dated September 20, wherein the plea of the contractor for impleadment in the petition was declined.

The High Court is hearing a petition filed by the Residents Welfare Association of Chandigarh, against the Chandigarh Administration, challenging the sale of houses in Chandigarh as independent units, like floor-wise or on share basis.

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