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Supreme Court of India 2023-01-10 allowed

RESIDENT’S WELFARE ASSOCIATION AND ANOTHER vs THE UNION TERRITORY OF CHANDIGARH AND OTHERS

Bench: 2 — B.R. Gavai, B.V. Nagarathna

In Brief

This case addresses illegal conversion of single residential units into apartments in Chandigarh. The Supreme Court held that after repealing the 2001 Apartment Rules in 2007 and enacting Rule 16 of the 2007 Rules prohibiting fragmentation, developers cannot circumvent this ban through a modus operandi of selling shares and occupying separate floors. Such conversions in Phase-I (Corbusian Chandigarh), a UNESCO-nominated heritage zone designed by Le Corbusier, require Heritage Committee approval. The Court directed that Environmental Impact Assessment be made mandatory for urban development and emphasised preserving Chandigarh's planned character with its principles of sun, space, and verdure.

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Urban Planning and Development Heritage Conservation Environmental Law Property Law Constitutional Law Administrative Law Civil Procedure Real Estate Regulation Statutory Interpretation

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