CIVIL WRIT PETITION NO. 18788 OF 2007 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: August 06, 2009.
Parties Name
Deepak Bhasin
..PETITIONER
VERSUS
Union Territory of Chandigarh and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. J.P.Sharma,
Advocate, for the petitioner.
Mr. R.K.Sharma, Advocate, for Mr. R.N.Raina,
Advocate, for the respondents No. 1 to 3.
Mr. B.S.Jaswal, Advocate, for respondents No. 4 and 5.
JASBIR SINGH, J. (oral)
Order.
Vide order dated June 28, 2007 (P-4) building plan, submitted
by the petitioner, was rejected on the ground that the other co-sharers, in
property bearing house No. 227, Sector 21-A, Chandigarh, have not signed
the same.
Admittedly, property in question was the ownership of father
of the petitioner and respondents No. 4 and 5. After his death, vide order
dated November 25, 2006 (P-2), property was transferred in name of the
petitioner and respondents No. 4 & 5, as mentioned in the Will. Petitioner
CIVIL WRIT PETITION NO. 18788 OF 2007 -2-
along with Sushma Bhasin, respondent No. 5 was given 50% share and
remaining 50% had gone to Deepak Bhasin. In the transfer letter, it is
specifically mentioned that the transferees shall comply with the stipulations
of the Will (P-1), wherein regarding bequeathing the property in dispute, it
was stated as under:
“The entire ground floor including annexe portion will be given
jointly to my elder son Sh. Ravindra Bhasin and his wife Smt.
Sushma Bhasin while the first and second floor of the house
will go to my grand son Deepak Bhasin son of Sh. Devendra
Bhasin, my younger son.”
As per the Will, the petitioner is entitled to use and occupy Ist
and 2nd floor of the house in question. It is an admitted fact that he had
submitted building plan to make some changes in the Ist and 2nd floors only.
Once it has come on record, that the petitioner is owner of the Ist and 2nd
Floor of the house, it is not justified for the respondent – authorities to insist
upon joint application along with respondents No. 4 and 5, to sanction the
revised Building plan. Faced with the situation, Shri Sharma states that the
building plan, submitted by the petitioner, regarding Ist and 2nd Floors of the
house in question shall be sanctioned as per rules. Needful be done within a
period of four weeks.
In view of above, this writ petition stands disposed of.
August 06, 2009 ( Jasbir Singh ) DKC Judge