HC for sprucing up Chandigarh Estate Office functioning if matters delayed

Saurabh Malik

Tribune News Service

Chandigarh, February 16

The Punjab and Haryana High Court today made clear its intent to initiate the proceedings for sprucing up the functioning of the UT Estate Office in case of an inordinate delay in the disposal of matters. The Bench was hearing a petition filed by a 89-year-old woman.

“From the perusal of the paper book, it appears that the petitioner had made numerous representations, the last one being on August 25, 2020. However, it is inexplicable as to why the Estate Officer, Chandigarh, has neither accepted nor rejected the prayer of the petitioner,” the Bench of Justice Rajan Gupta and Justice Karamjit Singh asserted.

Issuing notice to the UT Estate Officer, the Bench added: “In case we find that there is an inordinate delay in the disposal of such matters by the Estate Officer, Chandigarh, counsel shall be at liberty to assist this court and suggest measures to spruce up its functioning”.

In her petition, Premjit Kaur through counsel Shekhar Verma had contended that the petitioner had purchased a house in Sector 38-D, Chandigarh, in 1992. A policy was framed by the Chandigarh Administration pursuant to the Supreme Court judgment in the case of “Suraj Lamp and Industries Private Ltd versus the State of Haryana and another”. As per the policy, the petitioner was entitled to get the conveyance deed executed in her name.

The relevant part of the policy reproduced in the order made it clear that in case where the GPA/SPA was executed coupled with the will/agreement to sell and the person executing such documents was no more available or had died, the transaction could still be executed by following the due procedure prescribed under the law. The holder could execute the registered instrument of conveyance and get the same registered on the payment of necessary duty. On the basis of the registered instrument of conveyance, the mutation could be entered and record corrected.