Allow share-wise sale of property in heritage sectors, Tewari writes to Chandigarh administrator
Share-wise sale of property in Chandigarh’s heritage sectors was a burning topic during the Lok Sabha elections held in June this year with the candidates of both Congress and Bharatiya Janata Party (BJP) -- Manish Tewari and Sanjay Tandon respectively -- promising to rescind the same if voted to power
Member of Parliament Manish Tewari has written to the UT administrator to annul the notification dated February 9, 2023, which prohibits share-wise sale of immovable property in heritage sectors (1-30) in Chandigarh.
Share-wise sale of property in heritage sectors was a burning topic during the Lok Sabha elections held in June this year with the candidates of both Congress and Bharatiya Janata Party (BJP) -- Manish Tewari and Sanjay Tandon respectively -- promising to rescind the same if voted to power.
In the July 2 letter addressed to UT administrator Banwari Lal Purohit, who has now been replaced by Gulab Chand Kataria, Tewari stated that many people impacted by the notification had met him while many have also moved the Punjab and Haryana high court, challenging the Chandigarh administration’s notification.
What the SC orders stated
In its January 10 order last year, the Supreme Court (SC) had banned the conversion of residential properties into floor-wise apartments in Sectors 1 to 30, while stating that they carried heritage status. Following the apex court’s order, UT had imposed a ban on registrations for share-wise transfers outside the family and the approval of building plans for properties co-owned by strangers or non-family members.
Misinterpretation of SC order: Tewari
“The Chandigarh administration, on perhaps a misinterpretation and misreading of the said judgement, issued a notification with far-reaching consequences on subject matters beyond the scope of the present Apex Court judgement,” the MP’s letter read.
“The judgement of the Hon’ble Supreme Court dated January 10, 2023, at no juncture prohibits a citizen of India from exercising his statutory and constitutional rights to purchase a share of a property,” it was further stated.
The judgement of the SC at no point equates the action of two unrelated individuals purchasing a share in a property as apartmentalisation. “Indian law recognises the rights of multiple unrelated individuals to be co-sharers in the same piece of property. The notification begins by saying that the same is on account of the judgement pronounced by the Supreme Court. At this time (February, 2023), the matter was under consideration before the Heritage Committee. As such, it is evident that the notification was issued under the directions of the judgement and were interim in nature. Once the Heritage Committee took a decision on May 10, 2023, and September 14, 2023, the interim directions issued by the court itself would lapse. The notification by the Chandigarh administration is thus void on this ground alone,” states the letter.
The actions of the Chandigarh administration have led to a scenario where the law of pre-emption has been reintroduced in Chandigarh, and hard-working citizens who have invested their entire life savings in purchasing a share of a property are unable to sell the same, states Tewari in the letter.
It may be noted that UT has already suffered significant financial loss in terms of stamp duty and taxes. Moreover, the public is being harassed. UT’s order is also leading to multiple avoidable litigations.