• Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 16 - Residential premises - Allotment of land do not permit amalgmation of residential houses. (173) P.L.R.
  • Chandigarh (Sale of Sites and Buildings) Rules, 1960 - Imposition of misuse charge - Professionals /consultants, viz. Doctors, Advocates and Architects etc. shall be permitted to use part of the area of their residence to the maximum extent of 50 Sq. Mtrs. or 25% of the covered area, whichever is less, for offering professional consultancy only - Confining the scope to such professionals who not only are using the premises in question for their residence, but are also owners thereof would clearly amount to adding something to the provision and thereby restricting the scope and ambit thereof - Pre-requisite of being owner of the premises cannot be imported - Doctor who was running the clinic in a portion of the premises was not himself the owner was also covered.  (180) P.L.R.
  • Chandigarh (Sale of Sites and Buildings) Rules, 1960 - Installation of STD/PCO/FAX or Photostat Machine in a residential premises - Is permissible subject to usage of maximum of 15 Sq. Mtrs - It is, however, obligatory upon the person installing the STD, PCO, FAX or photostat machine to inform the Estate Officer about the same in writing - Failure to inform the Estate Officer with regard to installation of such machine can, at best, be considered as a lapse, but cannot be construed to be a misuse of the premises so as to attract the levy of misuse charge.  (180) P.L.R.
  • Chandigarh (Sale of Sites and Buildings) Rules, 1960 - Petitioner purchased 20% share vide sale deed - Inspite of sale and transfer in favour of the petitioner, the property in question continues to be mutated as joint ownership of all the six co-sharers - By virtue of transfer letter - The petitioner became exclusive owner of the second floor of the house which comprises of 20% share - As per amended provisions, 10% additional built up area has been permitted by Estate office - Accordingly, the permissible built up area of second floor stood increased - The optimum utilization in terms of amended provisions is permitted subject to approval of revised plans by the Estate Office - The petitioner got the revised plan prepared in respect of second floor through an architect - Estate office refused to entertain the application signed by the petitioner stating that the same was required to be signed jointly by all the co owners of the site - Directed to sanction revised building plan submitted by the petitioner as per law without insisting upon the application submitted by her being signed by all the co-owners. (176) P.L.R.
  • Chandigarh (Sales of Sites and Building) Rules, 1960, Rule 11-D - Petitioner has sought re-transfer under Rule 11-D of the Rules after affirming the order of resumption in the light of liberty granted by the Hon'ble Supreme Court - The liberty granted to seek retransfer cannot be defeated on account of subsequent judgment - Request of the petitioner to seek retransfer cannot be frustrated only for the reason that in other proceedings Rule 11-D of the Rules was found to be illegal from very inception. (180) P.L.R.
  • Chandigarh (Sales of Sites and Building) Rules, 1960, Rule 9- Use of residential buildings for running homes - Condition - Plot should not be less than 500 sq. yards etc. - Condition upheld. (173) P.L.R.

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