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1992 DIGILAW 982 (SC)

Chandigarh Administration v. Chander Parkash Malhotra

1992-11-24

P.B.SAWANT, R.M.SAHAI

body1992
ORDER : 1. Leave granted. In the present case, the respondents did not want the partitioning of the plot by metes and bounds. All that they wanted was the partitioning of the building and additions and alterations therein to make separate living units in the same building. Even this partition as well as addition was to be done by them with the approval of the Chandigarh Administration according to its building bye-laws. Since no fragmentation of any site including the building was involved, there was no question of the violation of Rule 14 of the Chandigarh (Sale of Sites and Buildings) Rules, 1960. 2. In the circumstances, it was not necessary to declare Rule 14 invalid as the High Court has done. To that extent, we set aside the order of the High Court. 3. It is made clear that the respondents before partitioning the building or making additions and renovations in the same will take permission of the Chandigarh Administration according to law. The appeal is disposed of accordingly. There shall be no order as to costs. SLP (Civil) No. 2305 of 1992 4. In view of our order in Civil Appeal No. 4974 of 1992 arising out of SLP (Civil) No. 10739 of 1991, this special leave petition is disposed of in terms of the said order.