High Court raps authorities for laxity in discharge of duties

Saurabh Malik

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Tribune News Service

Chandigarh, March 2

The Punjab and Haryana High Court today rapped the authorities concerned for being lax in discharge of their statutory duties of implementing Acts dealing with construction on the periphery of Chandigarh.

The Bench ruled that construction activities in Chandigarh and its periphery area was required to be undertaken strictly in accordance with the provisions of the Capital of Punjab (Development and Regulation) Act, and rules framed under it.

It was also required to be carried out in accordance with the Punjab New Capital (Periphery) Control Act, the rules framed under it, the Haryana New Capital (Periphery) Control Act and the rules under it.

The observation is significant as the Punjab New Capital (Periphery) Control Act extends to Punjab area adjacent to, and within 10 miles distance, on all sides from the outer boundary of the land acquired for the State capital.

The Bench asserted the authorities implementing these Acts were remiss in discharge of their statutory duties. The purpose of enactment of the Capital of Punjab (Development and Regulation) Act, 1952, was to ensure healthy and planned development of a new city. Non-implementation of these Acts in and around the periphery of Chandigarh led to mushrooming of unauthorised construction activities leading to lowering the civic life, the Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu ruled.

Speaking for the Bench, Justice Sharma asserted: “According to the provisions of the Punjab New Capital (Periphery) Control Act, 1952, as applicable to Punjab, Haryana and Chandigarh, it was required to declare the controlled area and to impose restrictions in the controlled area and to decide the applications in accordance with law for granting permission or refusing the permission, including prohibition on use of land”.

Referring to an affidavit by Punjab Additional Secretary, Local Government, Justice Sharma observed it stated that the city of Chandigarh was planned and developed during 1950-1960. The area around 16 km of sectoral grid of Chandigarh was defined as periphery area. It was admitted that a large number of construction had been carried out in the peripheral and adjoining areas falling within Punjab, Haryana and Chandigarh in the towns of Mohali, Zirakpur, Panchkula, Manimajra and Nayagaon. It was also admitted that a large number of buildings were raised in the area of Kansal, Karoran and Nada situated in the peripheral areas, which now constituted Nagar Panchayat, Nayagaon and approximately 20,500 persons were residing in the town of Karoran as per 2001 Census.