High Court puts Punjab on notice on fresh constructions around Golden Temple

The Punjab and Haryana High Court on Thursday put the State of Punjab and Amritsar Municipal Corporation on notice for October 15 on a petition filed in public interest alleging fresh illegal constructions around the Golden Temple corridor. This, the PIL-petitioner contended, was despite the court’s earlier directives and a related matter pending before the Supreme Court.

The matter was placed before the Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry after PIL-petitioner Jagdish Singh through counsel Vivek Salathia contended that a sealed property near Bagh Ramanand was being converted into a hotel in violation of the Amritsar Walled City (Building) Act, 2016, and building by-laws. Among other things, he contended that the seals affixed by the civic body had been done away with and construction was being carried out “right under the nose” of municipal officials.

The matter was initially placed before the Bench on August 22, but the matter was adjourned as the Bench was of the opinion that the issue involved in the present petition was apparently “somewhat overlapping” with the issue raised in two other petitions. The Bench had then called for the record of pending similar cases before being tagged along with present case.

As the matter came up for resumed hearing this morning, the Bench raised the issue of the plea’s maintainability in view of a Supreme Court order on the High Court’s earlier directions. But the Bench sought a response from the authorities concerned, while making it clear that any construction was required to strictly follow municipal laws.

The High Court had in July 2019 stayed the operation of the Amritsar Walled City (Recognition of Usage) Act, 2016, and directed Amritsar Deputy Commissioner to disconnect water and electricity supply to unauthorized commercial establishments, including hotels, in and around the Golden Temple corridor. The operation of Amendment Act of 2019 and the Walled City Amritsar (Recognition of Usage) Amendment Rules, 2019, was also stayed till further orders, while hearing an earlier petition.

“This court has taken serious view of the manner in which unauthorized construction is going on in and around the Golden Temple corridor. The State and statutory authorities, instead of taking harsh decisions, have come out with the Amritsar Walled City (Recognition of Usage) Act, 2016, to nullify the orders passed by this Court from time to time,” the then Bench headed by Justice Rajiv Sharma had asserted.

The Supreme Court had stayed the 2019 HC order restraining construction near the shrine and keeping the 2016 Act in abeyance.