In Lok Sabha, Tewari raises issue of share-wise property sale

City MP Manish Tewari today raised in Lok Sabha the issue of sale of share-wise property in Chandigarh. During the ongoing Parliament session, Tewari asked the Home Minister whether the Chandigarh Administration banned share-wise property sale on February 9, 2023, when the Supreme Court judgment of January 10, 2023 only restricts converting single units into multiple apartments and registering certain co-owner agreements.

When the Supreme Court judgement does not explicitly bar the sale or share-wise sale of property, why has UT Administration banned it?

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Manish Tewari

Chandigarh MP

“Whether it is correct that the Supreme Court judgment does not explicitly ban share-wise property sales and whether the Government is aware that many Chandigarh residents with property shares cannot sell except to co-owners, devaluing their assets and causing financial hardship for urgent needs like medical treatment or family events,” he asked.

Tewari also sought to know the reasons why has the Chandigarh Administration not rescinded the February 9, 2023 notification or sought Supreme Court clarification on whether the January 10, 2023 judgment prohibits share-wise property sales, reasons therefor?

In response to the questions, Nityanand Rai, Minister of State for Home Affairs, stated the subject matter of the question is sub-judice before the Punjab and Haryana High Court.

“When the Supreme Court judgement does not explicitly bar the sale or share-wise sale of property why has the Chandigarh Administration banned it,” Tewari asked.

Tewari said rather than giving a straight answer, the Government unfortunately chose to hide behind the doctrine of sub-judice. “The rule of sub-judice was there for jury trials. In any case, if the Government implements the letter of the Supreme Court judgement the other legal proceedings will automatically abate,” he added.