NIVEDITA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the legality of the circular dated 27.3.2009 (Annexure P.3) issued by the Financial Commissioner and Principal Secretary to Government of Haryana, Town and Country Planning Department, as violative of the provisions of the Constitution of India.

(2.) THE petitioner relies upon an agreement to sell dated 10.1.2008 in respect of purchase of the basement of a residential building bearing Number F-5/5 measuring 550 sq. ft. in a licenced plotted colony "DLF Qutab Enclave", Phase-I, Gurgaon, entered with Rahul Bansal. The said Rahul Bansal has purchased the property from a builder, namely, Shri Vikram Vij on 12.3.2001. It is alleged that the Government has stopped registration of individual floors without any valid reasons. The petitioner alleges that a circular has been issued on 27.3.2009 whereby the floor-wise registration of the property has been permitted, but it is stipulated therein that basement cannot be registered independently and can be registered only along with the ground floor. It is the said circular, which is challenged by the petitioner, in the present writ petition.

(3.) IN the written statement, the respondents have pointed out that on 23.7.2009, the Haryana Development and Regulation of Urban Areas Act, 1975 (for short 'the Act') was amended when Section 3-C was inserted by Haryana Ordinance No. 7 of 2009, since substituted by Haryana Act No.18 of 2009. Section 3-C contemplated transfer, sale, gift, exchange, lease in perpetuity of independent dwelling units in any residential colony, which has been granted licence under the aforesaid Act. The proviso to said provision contemplates that the registration shall be limited to the dwelling limit of each floor with an overall unit of three dwelling units on each residential plot. It is also pointed out that the basement in a residential plot is free of Floor Area Ratio and is meant for the use of bona-fide residents of the plot and is not allowed to be sold to any other party for any other independent use. The circular issued on 27.3.2009 clarifies that the basement, if any, allowed in a residential building shall not constitute a separate sub division/floor. However, in case owners of different independent floors in building intend and agree to use basement as a common area for facilities such as parking or other plant and equipment required for different floors in the building they may have undivided proportionate right in the basement.