HC upholds sealing order, reinforces planning norms

In a significant ruling reinforcing Chandigarh’s planning norms, the Punjab and Haryana High Court has upheld the sealing of portions of a Sector 7 shop-cum-office (SCO) where “non-sanctionable violations continue to exist”.

The order is significant as proceedings against 44 “such like sites have been initiated and are continuing”.

The order came as a Division Bench rejected a challenge by a tenant seeking to quash multiple orders, including one passed under the Chandigarh Estate (Amendment) Rules, 2009. The UT was represented by senior advocate Amit Jhanji, with Sanjiv Ghai and Sukhmani Patwalia.

The Bench, during the course of hearing, was told that – among other things – the open courtyard had been covered with a retractable roof. A permanent staircase had been constructed at the site, leading to the terrace of a single-storey block. Besides, toilets and an RCC platform had been built in the open courtyard area, violating the sanctioned plan. It was added these were required to be removed/set right being “neither sanctionable nor compoundable”.

The Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal observed that Chandigarh, as a well-planned city, had specific zoning regulations to maintain urban order. The court noted that the city’s commercial areas were designed with a box-type structure facing Madhya Marg, while rear courtyards were to remain open to facilitate vehicle movement for loading and unloading. However, several clubs and bars had cropped up in the courtyards due to economic pressure.

The Bench added that the Chandigarh Administration had, in 2000, already permitted 50 per cent coverage of rear courtyards on the ground floor of showrooms in Sectors 7 and 26 on a payment basis. This had allowed an additional covered area of 23 feet into 47 feet and 9 inches. However, demands for further coverage were repeatedly examined and rejected at various administrative levels due to the severe parking crunch in these commercial areas.

The judgment emphasised that acceding to requests for full coverage and box-type structures would disrupt the essential width-to-depth ratio of 1:3, stretching it to 1:6, thereby exacerbating space constraints.

Speaking for the Bench, Justice Kshetarpal asserted the Chandigarh Heritage Committee had also examined the matter. In a meeting on September 14, 2023, it unanimously decided against permitting retractable or temporary roofs to cover the open areas of these showrooms. The decision was subsequently approved by the Chandigarh Administration.

Dismissing the tenant’s plea, the court rejected the argument that no hearing had been provided before the sealing order was passed. Moreover, the court found no merit in the claim of discrimination, as the administration had initiated action against multiple similar violations across the city.