JUDGMENT :

Sureshwar Thakur, J.

1. Since all the writ petition(s) involve common questions of facts and law, besides since the order impugned in all the writ petition(s) is similar, therefore, they all are amenable to be decided through a common order.

2. However, the facts of each of the writ petition(s) are required to be separately delineated.

CWP-23563-2023

3. Through the instant writ petition, the petitioner herein, who is a co-owner of 30 % share in a co-owned property/residential house No. 1010, Sector 15-B, Chandigarh, prays for the quashing of public notice dated 09.02.2023, issued by respondent No. 4 and restoration of the status prior to the issuance of the impugned public notice.

CW P-27307-2023

4. The petitioner herein, who is a co-owner of 30 % share in a co-owned property/residential house No.2187, Sector 35-C, Chandigarh, prays for the quashing of public notice dated 09.02.2023, issued by respondent No. 4 and restoration of the status prior to the issuance of the impugned public notice.

CWP-5102-2024

5. The petitioner herein, prays for the quashing of the public notice dated 09.02.2023, issued by respondent No. 4 and restoration of the status prior to the issuance of the impugned public notice.

CWP-13377-2024

6. The petitioner herein, who is a co-owner of 20 % share in a co-owned property/residential house No.1024, Sector 21-B, Chandigarh, prays for the quashing of public notice dated 09.02.2023, issued by respondent No. 4 and restoration of the status prior to the issuance of the impugned public notice.

7. The impugned public notice, as issued by the Chandigarh Administration, is extracted hereinafter.

Public Notice

OFFICE OF VINAY PRATAP SINGH, IAS, DEPUTY COMMISSIONER-CUM-ESTATE OFFICER, U.T., CHANDIGARH.

In view of the judgment dated 10.01.2023, passed by the Hon'ble Supreme Court of India in the case SLP (C) No. 4950 & 5489 of 2022 titled as "Residents Welfare Association Anr. Vs. U.T. Of Chandigarh and Ors.", regarding apartmentalization in Chandigarh. The Chandigarh Administration has taken following decisions regarding residential buildings only in Chandigarh :-

1. Building Plans/Revised Building Plans of only those residential buildings, where all the co-owners belong to the same family (i.e. no co-owner should be stranger/outside Family), will be considered as per Rules.

2. All kind of transfer of property within family through Sale Deed/Transfer Deed/gift Deed/WILL/Intestate Death etc. will be allowed irrespective of the share held.

3. WILLS bequeathing shares only within family members will be considered.

4. Transfer in which 100 % property is being purchased by either a single person or multiple persons belonging to the same family, will be allowed irrespective of the fact whether present owners are members of the same family or strangers/outside family.

5. Mutation will be carried out for all deeds (i.e. Sale Deed/Transfer Deed/Gift Deed etc.) that have been registered upto the date of judgment (i.e. 10th January, 2023) as per Rules.

These decisions shall be effective from 10.02.2023.

The above decisions will only be applicable on the Residential properties in U.T., Chandigarh. Residential apartments under Chandigarh Housing Board and apartments approved under The Chandigarh Apartment Rules, 2001 by Estate Office will not be affected by above mentioned order of Hon'ble Supreme Court.

In all the residential properties, which are not covered by the above decision, transfers and mutations would not be done till the final decision is taken by the Heritage Committee."

Factual Background

8. To regulate the development in the city of Chandigarh, The Capital of Punjab (Development and Regulations) Act, 1952 (hereinafter for short called as the Act of 1952) was enacted. The relevant provision as occur in the said Act of 1952, are extracted hereinafter.

2. Definitions - In this Act, unless the context otherwise requires, -

(k) "transferee" means a person (including a firm or other body of individuals, whether incorporated or not) to