IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Reserved on : 22.01.2025 Pronounced on : 20.02.2025 Sr. No. Case Number Title of the case

1. CWP-23563-2023 Pooja Bharat Kapoor Vs. U.T., Chandigarh Administration and Others

2. CWP-27307-2023 Sushil Ghai Vs. U.T., Chandigarh and Others

3. CWP-5102-2024 Pradeep Sharma Vs. U.T., Chandigarh and Others

4. CWP-13377-2024 Poonam Pratibha Sharma Vs. U.T., Chandigarh and Others CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI Argued by: Mr. Abhimanyu Tewari, Advocate Mr. Salil Dev Singh Bali, Advocate Ms. Simmy, Advocate Mr. Abhijeet Chaudhary, Advocate Mr. Shubham Aggarwal, Advocate for the petitioner (in CWP-23563-2023).

Mr. P.K.Chugh, Advocate for the petitioner(s) (in CWP-13377-2024).

Mr. Amit Jhanji, Sr. Advocate with Mr. Sanjiv Ghai, Advocate Mr. Parminder Singh Kaul, Advocate Mr. Himanshu Arora, Panel Counsel, Ms. Eliza Gupta, Advocate for respondent(s) – U.T., Chandigarh (in CWP-27307-2023).

Mr. Maheshinder Singh Sidhu, Addl. Standing Counsel with Ms. Amrita Garg, Junior Panel Counsel for respondent – U.T., Chandigarh (in CWP-23563-2023 & CWP-13377-2024).

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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.

CWP-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 (