Chandigarh: The Punjab High Court and Haryana on Tuesday rejected the petition submitted by the Association of Resident Welfare (RWA), Sector 10, challenging share and floor-wise sales in the city.
The high court on September 30 has reserved its judgment for the final order.
“Site / building fragmentation must require permanent severance element.
Only the construction of three floors in the same private plot and the same utilization as independent units will not amount to fragmentation.
Fragmentation will take place only if there is a site distribution or distribution of buildings with exclusive ownership elements, namely partitions with metes and The limit and which in turn are seconded based on the rules of 16 plantation rules, “the High Court.
said.
“Someone who has a floor or part of the building is just a Koementer in exclusive ownership of a portion of the property and the same thing is not numbered partitions.
To conclude the sale of shares by the owner or co-sherer of housing sites / housing buildings is not prohibited under ACT or the 1952 rule.
framed down By means of partitioning with the metes and the limit in turn will fall in the scope and ambit the term ‘fragmentation’, “the command declared further.
In the apartment, HC’s order clarified, “it clearly arises from rules rules which are recognized as” apartments “or to express that” apartment “activities are being carried out in the city, certain prerequisites have to be fulfilled, namely there must be a sub-sharing of a building that is recognized by Plantation Officers along with proportional share in public areas and public facilities; each sub-division of buildings becomes a different property and can be identified where the owner / tenant must have a degree; Recognition of each sub-division as an apartment by plantation officers will be given to new or act Fresh transport and in accordance with the recognition as the sub-division / apartment as an exclusive property of the stated owner.
/ Tenant.
However, in this case all prerequisites are considered here.
Based on the sale of shares by the shared owner and after that the buyer / vendee occupies the buyer / vendee occupies Partly specifically Da.
RI buildings based on internal / understanding arrangements, “Sub Division of Building” as stipulated under the 2001 apartment rules did not occur.
The specific section under the occupation with the owner is not given recognition by plantation officers in any way and also the shared owner becomes the only owner and exclusive owner of his work ” It’s a shared property floor by the number of owners with ‘apartments’, “HC orders said.