Remove ban on share-wise sale of property in UT: Manish Tewari in Parliament
Earlier in July, Manish Tewari had also has written to the UT administrator regarding the same. 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 MOUs that gave effect to such an arrangement.
Member of Parliament Manish Tewari on Wednesday raised the issue of ban on share-wise sale of property in Chandigarh in Parliament. He demanded that the notification dated February 9, 2023, which prohibits share-wise sale of immovable property in Chandigarh be rescinded.
Earlier in July, Tewari had also has written to the UT administrator regarding the same. 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 MOUs 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 committee arrived at a conclusion the Supreme Court directions then lapsed but the moot point is that the Supreme Court never banned the share-wise sale of property.
However, he further observed that 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 an 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He demanded that the notification issued on February 9, 2023, may be rescinded immediately to provide relief to thousands of people, who are otherwise forced to go for distress sale, selling their property at far less prices than the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.
