Tewari raises ban on share wise sale of property in Chandigarh in Lok Sabha

The Voice of Chandigarh: Chandigarh MP Manish Tewari raised the issue of the ban on sale of share wise property in Chandigarh in the Lok Sabha

Speaking in the Lok Sabha, he demanded that the notification issued on February 9, 2023 on the issue be rescinded immediately.

He said that the Supreme Court order proscribed the sanctioning of any Building plans that converted a three story building into three separate floors owned by three different people and further prohibited the registration of any MOU’s that gave effect to such an arrangement.

However these were only interim directions till the Heritage Committee took a view on the Re densification of heritage Sectors . The Heritage Committee decided that there would be no Re densification of population in heritage sectors . Once the Heritage Committee arrived at a conclusion the Supreme Court directions then lapsed but the moot point is that the Supreme Court never banned the Sharewise sale of property.

However, he further observed, the Chandigarh administration did not seem to appreciate the court orders properly and on February 9, 2023 it banned the sale of share wise property in the entire union territory.

Tewari said, this had caused a lot of losses and suffering to the people who can actually sell their property on share wise basis but are not able to do so primarily because of a erroneous understanding of the court order by the Chandigarh administration.

He demanded that the notification issued on February 9, 2023 may be rescinded immediately to provide relief to thousands of people, who are otherwise forced to go for distress sale selling their property at far less prices than the actual market prices to their co-owners thereby introducing the Law of Pre-Emption in Chandigarh that militates against the Constitutional Right to Property enshrined in Article 300-A of the Constitution of India .