CHB row: HC stays demolition

Saurabh Malik

Tribune News Service

Chandigarh, August 12

Acting on a petition alleging that the issuance of notices to dwellers by the Chandigarh Housing Board (CHB) was illegal, the Punjab and Haryana High Court has stayed the demolition and further construction.

Taking up the petition filed against the UT Administration by Wg CDR Arun Kumar and other petitioners through counsel Ashok Sharma Nabhewala, a Division Bench of the High Court asserted that the respondents would not demolish any of the structures. However, show-cause notices and the adjudication thereof might proceed in the meantime. 

The petitioners, too, will maintain status quo regarding the structures in all respects. “It is made expressly clear that the petitioners also shall not carry out any further construction work without the permission of the respondents,” the Bench of Chief Justice Shiavax Jal Vazifdar and Justice Harinder Singh Sidhu asserted. Nabhewala had earlier contended that the board issued order number 42 dated February 18, 2016, and started the process of issuing notices under Section 15 of the Capital of Punjab Development and Regulations Act for the purpose of cancellation of units without getting approval under Section 4 of the Act from the Chief Administrator.

He added that the notification had not been issued by UT Administration approving order number 42.  Therefore the issuance of notices without any authority of law was per say legal.  Elaborating, Nabhewala added that information under the RTI Act was sought with regard to issuance of impugned order number 42.

The details of information supplied indicate that the impugned order was never sent for approval to the Finance Secretary-cum-Chief Administrator. The legal section of the board was of the clear opinion that the order was required to be sent for approval of the Chief Administrator, which was the competent authority for approval. Yet, the board never obtained approval of the Chief Administrator regarding the impugned order.

Issuing a notice of motion, the Bench asserted that Nabhewala on behalf of the petitioners had stated that the policy had still not been announced by the Chandigarh Administration. “Despite the same, the respondents intend demolishing the petitioners’ construction that violated the existing laws,” it stated.

The petition

The petitioner has alleged that the issuance of notices to dwellers by the Chandigarh Housing Board (CHB) is illegal.