AMRITPAL SINGH Vs. CHANDIGARH ADMINISTRATION & OTHERS

JUDGEMENT

(1.) The petitioner has sought quashing of the orders dated 02.09.2009 (Annexure P-10) and 22.09.2009 (Annexure P-11) requiring the original owner to apply for 'No Objection Certificate' regarding sale of a house. Originally, a residential house bearing H.No. 2059, Sector 21-C, Chandigarh was owned by the following persons as is made out from the conveyance deed dated 20.12.2007 executed in their favour:

(2.) The Registration and Other Related Laws (Amendment) Act, 2001 (Parliament Act No. 48 of 2001) amended The Registration Act, 1908; The Transfer of Property Act, 1882 and The Indian Stamp Act, 1899. Section 11 thereof inserted clause 23 A in Schedule I to the Indian Stamp Act. On 15.11.2007, an amendment carried by State of Punjab by enacting the Indian Stamp (Punjab Amendment) Act, 1994 (Punjab Act No. 17 of 1994) was extended to Chandigarh. The amendments carried out by Parliament Act No. 48 of 2001 and by extension of Punjab Act No. 17 of 1994 to Chandigarh would lead to the following as the applicable provisions to Chandigarh:

(3.) Three Power of Attorneys i.e. dated 15.01.2008, 15.01.2008 & 04.01.2008 were executed after the aforesaid provisions were extended to Chandigarh, whereas Power of Attorney of Smt. Randhir Kaur was executed on 11.08.2004, but after the enforcement of the Parliament Act No 48 of 2001.