High Court of Punjab and HaryanaCWP/5066/2015disposed of

Jasbir Singh v. Chandigarh Housing Board And ANR.

2015-05-06Mr. Justice Surinder Gupta,Mr. Justice Fateh Deep Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 5066 of 2015 Decided on : 06.05.2015 Jasbir Singh . . . Petitioner

Versus

Chandigarh Housing Board and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. Gurinderjit Singh, Advocate for the petitioner.

Mr. Indresh Goel, Advocate for the respondents.

**** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the respondents states that the Chandigarh Housing Board has issued an office order on 07th April, 2015, to the following effect:- "In continuation of office order No. HB/AOI/SO(VII)- 2012/2684 dated 29.02.2012 and in pursuance of Hon'ble High Court of Punjab and Haryana, at Chandigarh, decision dated 13.01.2015, passed in CWP No.27322 of 2013, titled as "Kuldip Chand Pathania Vs. Chandigarh Housing Board and others", a reference was made to the Sr. Standing Counsel, Chandigarh Housing Board for soliciting legal opinion in connection with this decision. The Sr. Standing Counsel, CHB has opined that the Judgement does not confer any right during the lock-in period. As such any transfer that takes place will be 'in presenti'.

As long as there are no financial implications to the detriment of CHB, transfers may go ahead. Therefore, it is hereby directed that all cases of GPA transactions, where GPA/SPA & Agreement to Sell/Will were executed on or before 11.10.2011, are permissible, whether JAWALA RAM 2015.05.

CWP No. 5066 of 2015 - 2 - the documents were executed within the lock-in period or beyond it. However, the transfer will be done only after the expiry of lock-in period and must be covered under the original GPA Transfer Policy framed by the Board vide its Agenda Item No. 270.5.1 in its 270th meeting." 2.

The photocopy of the office order dated 07th April, 2015, issued by the Chandigarh Housing Board is taken on record. 3.

In view thereof, learned counsel for the parties state that the instant writ petition has become infructuous and may be disposed of as such.

Ordered accordingly.

(AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) May 06, 2015 JUDGE J.Ram JAWALA RAM 2015.05.12 17:16 I attest to the accuracy and authenticity of this document Chandigarh