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This is an archive article published on August 27, 2011

HC questions UT over issuing of separate plans for same building

The Punjab and Haryana High Court has asked the Chandigarh Administration to explain how the Estate Office can issue two building plans relating to separate floors of a single building on the basis of purchase of share.

The Punjab and Haryana High Court has asked the Chandigarh Administration to explain how the Estate Office (EO) can issue two building plans relating to separate floors of a single building on the basis of purchase of share. Raising eyebrows on the permissions being granted by the Administration to have separate building plans for separate floors of the same building,the High Court has asked the Administration to explain its rationale,as such permissions are in direct conflict with the plans.

The directions were passed by the High Court on a petition filed by two local residents,Anuj Aggarwal and his brother Rajesh. The petitioners had contended that they had purchased the top floor and first floor of a house located in Chandigarh.

After purchasing the two floors,the petitioners approached the Estate office requesting it to grant permission to allow them to construct the two floors afresh and make certain renovations. The petitioners,new house owners,had applied for building plan of the two floors.

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The said request was turned down by the EO. Instead,a notice was issued to the petitioners stating that they have made certain constructions illegally. Aggrieved,the duo sent a legal notice to the EO claiming that no illegal construction has been raised.

The duo requested the EO to withdraw the notice and clarify the payment required for renovation and other construction. The EO,as claimed by the petitioners,did not respond to the legal notice sent by them.

The duo then moved the Punjab and Haryana High Court seeking directions to the EO to respond to the legal notice and allow them to make renovations in the two floors.

Enlarging the scope of the petition,the High Court raised eyebrows over the frequent permissions being granted by the EO wherein building plans for separate floors are being granted.

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The Court has now questioned UT over how a single building can be issued separate building plans. The Court has also asked the Administration to respond as to under which rules,the Administration had been granting such requests to people.

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