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Home Chandigarh Punjab and Haryana High Court to petitioner: Can’t turn back clock

Punjab and Haryana High Court to petitioner: Can’t turn back clock

Saurabh Malik

Press Reporter News Service

Chandigarh, October 22

Can’t flip again the clock, said the Punjab and Haryana Excessive Courtroom whereas declining a resident’s request for issuance of instructions to the Chandigarh Housing Board to switch the possession of a flat underneath its erstwhile GPA switch coverage.

The resident had utilized for the switch of a flat’s possession earlier than the Chandigarh Administration issued round dated December 19, 2017, banning the registration of properties on the premise of GPA/will. The round was issued almost six years after the Supreme Courtroom’s judgment on the problem within the case of ‘Suraj Lamp and Industries Personal Restricted versus the State of Haryana and one other’.

The Bench of Justice Jaswant Singh and Justice Sant Parkash made it clear that the applicant was not entitled to get the property transferred on the premise of GPA/will even when the method was initiated earlier than the issuance of the round, however remained inconclusive.

The Bench noticed the petitioner had bought the flat on the premise of GPA/willsomewhere in 1995, however submitted software on June 2, 2016, for the switch of the possession underneath the then current coverage. The Board requested for Rs1,99,944, however the petitioner wished to know the precise particulars of how the quantity was calculated. When the correspondence between petitioner and the Board was ongoing, the UT Administration issued a round directing the CHB to not switch possession the place the applicant’s declare was on the premise of Will or GPA or SA, and so forth.

The Bench asserted: “Though, the petitioner states he didn’t deposit the quantity on the account of earlier unsavoury expertise with the Board, which had requested for “unreasonable” quantity from him for issuance of a ‘no dues’ certificates. Nevertheless, this can’t flip the clock again and entitle him to revive his software.”

The Bench added the petitioner was making use of underneath the coverage that permitted him to hunt switch of possession acquired by him on the premise of GPA/will, and so forth. However the coverage was withdrawn by the Administration and a brand new round was issued. For the reason that transaction underneath the coverage was not full, no proper was fructified within the petitioner’s favour. The Bench added the round was not issued by the Board, however the Administration. The Board, being its entity, was certain to implement the round.

“Though the Chandigarh Administration was certain to implement the judgment instantly, late compliance can’t be made as a floor for allowing the appliance of petitioner. These dwelling homeowners who took the good thing about the coverage current previous to December 19, 2017, can’t be put at a drawback by turning the clock again,” the Bench concluded.


The case

  • The resident had utilized for the switch of a flat’s possession earlier than the Chandigarh Administration issued a round dated December 19, 2017, banning the registration of properties on the premise of GPA/will.
  • The Bench made it clear that the applicant was not entitled to get the property transferred on the premise of GPA/will even when the method was initiated earlier than the issuance of the round, however remained inconclusive.

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