According to Tribune reports-the Bench of Justice Tejinder Singh Dhindsa and Justice Vivek Puri Bench thought of scanning the advertisements as the court was seized of the matter and discovered 24 advertisements in the Sunday edition “scouting for purchasers /investors for separate floors/independent floors”.
Reproducing the advertisements, the Bench added it lent credence to the petitioner-Residents Welfare Association that independent floors were being sold under the garb of sale of a certain percentage share of a residential unit. The Bench added that the written statement filed on behalf of the UT and subsequent affidavit by an Assistant Estate Officer was totally silent on the aspect. The Administration ought to have been alive to such a situation, particularly when specific averments were made in the petition filed in 2016.
The Bench directed the UT Administration to forthwith carry out the exercise. To begin with, it was asked to identify properties/buildings wherein the sale of shares, be it to the extent of 50, 30 or 20 per cent, were sold/transferred to a person outside the family of the original owner/shareholder. It was asked to check the facts from the office of the Estate Officer where the “record of the rights” was maintained.
The Bench added that the second step would be to carry out a physical inspection of such identified buildings/ dwelling units to find out whether the sale of shares had actually translated into a buyer occupying an independent floor in an otherwise composite dwelling unit. It would also find out whether independent floors were in the process of being constructed commensurate to the shares purchased in such dwelling units.
The Bench added that it would be open for the official respondents to seek cooperation/assistance from the police authorities/law enforcement agencies to facilitate the carrying out of the physical inspection of the premises.
