Supreme Court of India
Resident’s Welfare Association and Another v. The Union Territory of Chandigarh and Others
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that in view of Rule 14 of the 1960 Rules, Rule 16 of the 2007 Rules and the repeal of the 2001 Rules, fragmentation/division/ bifurcation/apartment alization of a residential unit in Phase- I of Chandigarh is prohibited. 675.
Judgment, page 74
From the headnote
Urban Development – Town Planning – Committee for Chandigarh Master Plan, 2031 (CMP-2031) – Issue of redensification in Phase-I sector in the city of Ch andigarh – Fragmentation/division/bifurcation/apartmentalization of resi dential units – Held: In view of r.14 of the Chandigarh (Sale of Sites and Building) Rules, 1960, r.16 of the Chandigarh Estate Rules, 2007 and repeal of the Chandigarh Apartment Rules, 2001, fragmentati on/ division/bifurcation/ apartmentalization of residen tial units in Phase-I sector of Chandigarh is prohibited – On facts, authorities of the Chandigarh Administration
Authorities it was built on
- 1991 Bangalore Medical Trust v. B.S. Muddappa and Ors.
- 2009 Shanti Sports Club & Anr. v. Union of India & Ors.
- 1960 The J. K. Cotton Spinning & Weaving Mills Co., Ltd. v. The State of Ultar Pradesh & Ors.
- 2008 N.D.M.C. & Ors. v. Mis Tanvi Trading & Credit Pvt. Ltd. & Ors.
- 2009 Jai Singh & Ors. v. Gurmej Singh
- 1968 Laxmipat Singhania v. Commissioner of Income-tax, U.P.
- 1999 Kochunju Nair v. Koshy Alexander and Ors.
- 2019 Tilak Raj Bakshi v. Avinash Chand Sharma (dead) through Lrs. & Others
- 1973 Rev. Fr. K. C. Alexander v. State of Kerala
Where later benches applied it
- 2024 In Re : T.N. Godavarman Thirumulpad v. Union of India & Ors.
- 2024 Rajinder Kaur (deceased) through Legal Heir Usha v. Gurbhajan Kaur (deceased) through Lrs. Upinder Kaur and Others
- 2024 State of Himachal Pradesh and Others v. Yogendera Mohan Sengupta and Another
Of those, 1 relied on · 1 referred to · 1 mentioned
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