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Centre put on notice over Apartment Rules

Chandigarh, September 27

Practically 14 years after the Chandigarh Residence Guidelines – 2001 have been repealed, the Punjab and Haryana Excessive Court docket at this time put the Union of India on discover on a petition in search of the quashing of the notification withdrawing the identical.

Amongst different issues, it has been contended that the withdrawal was “completely unlawful, with out jurisdiction and violative of Articles 14, 19 and 21 of the Structure”.

The petition, filed towards the Union of India and different respondents, by Rakesh Kumar Sharma and one other petitioner via senior counsel Anand Chhibber and Vivek Singla said the withdrawal of the notification was a results of whole non-application of thoughts.

Taking over the matter, the Excessive Court docket Bench of Justice Rajan Gupta and Justice Karamjit Singh fastened November 2 as the following date of listening to within the case.

Extra Solicitor-Common of India Satya Pal Jain accepted the discover on behalf of the respondents and prayed for a while to deal with the arguments within the matter.

Showing earlier than the Bench via videoconferencing, Chhibbar submitted that the respondent authorities had allowed the availability of separate water and electrical energy meters, in addition to fee of home tax, rubbish cess, and so on, for every ground individually. It meant that every ground was handled as a separate dwelling unit by the respondent authorities. Referring to the repealed guidelines, Chhibbar contended its studying made it clear that notification issued in 2001 within the matter was “introduced for crystallising the rights of co-owners”.

“Some leisure got to the residential present plots and even in business space concurrently infrequently,” he said.

Chhibbar added that the respondents issued the impugned notification dated October 1, 2007. However the naked perusal of the related provisions/clause of the Chandigarh Grasp Plan 2031 confirmed that every ground was an impartial unit able to being occupied by a household. It didn’t wherever have an effect on the essential character of Chandigarh and there was no violation of the constructing guidelines. —TPR

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