Supreme Court Pulls Up Chandigarh Estate Officers for Harassing Residents


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The bench of Justices Hemant Gupta and AS Bopanna conjointly directed the Chandigarh Administration to represent a Committee to review and contour the processes of sanction of mutation, grant of occupancy certificate, no-objection certificate and alternative citizen-centric necessities as well as calculation of unearned profit underneath the 1973 Rules or underneath 2007 Rules.
Such a committee, in step with the Court, could embrace a Member of Parliament; associate degree architect; associate degree advocate, UN agency is or has drawn Chandigarh Administration before the High Court; two representatives of the Municipal Corporation being representatives of the voters of Chandigarh, with the exception of such officers which the Administration might imagine work. Estate Officers” area unit appointed by the Central Government to perform the functions of the Estate Officer underneath the Capital of geographic area (Development and Regulation) Act, 1952.
In this case Estate Officer vs. Charanjit Kaur; CA 4964 OF 2021 The Supreme Court command that client complaints on the bottom of deficiency in commission associated with transfer of title of the stabile property isn’t reparable. It, however, value-added that although it’s not a case of the deficiency in commission as contemplated by client Act however undoubtedly a case of exercise of jurisdiction in associate degree absolute and discriminatory manner. Therefore, invoking powers underneath Article 142 of the constitution, the court directed the Administration to determine the claim of conversion as on the date once client complaints were filed.
Thus the court issued the subsequent directives:
• The Administration to present details of the notices for beginning on account of alleged misuse that area unit unfinished thought. Such details to incorporate the date of serving of notice of the alleged misuse and therefore the stage of proceedings unfinished before the various officers of Administration. A report back to be submitted by the Administration thenceforth in respect of the on top of directions inside four months for perusing and therefore the necessary action, if therefore guaranteed once four months.
• To represent a Committee which can embrace inter-alia the Member of Parliament from Chandigarh, associate degree designer, associate degree advocate represents Chandigarh Administration before the state supreme court, two representatives of the Municipal Corporation and therefore the officers of Administration.
• Such preceding Committee shall submit report back to the Administrator, Chandigarh Administration ideally inside 3 months, we tend to hope that the learned Administrator can take applicable steps to implement the suggestions created by the Committee as well as forwarding of the planned amendments within the Statute to the Ministry of Home Affairs, if any, prompt by the Committee.
REPORTED BY:-
VIDIT RASTOGI
AMITY UNIVERSITY, LUCKNOW


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Manish Tiwari

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