Apartments case: Supreme Court raps Chandigarh for being 'callous, irresponsible'

Saurabh Malik

Chandigarh, November 1

Rapping the Chandigarh Administration for being “totally callous and irresponsible” in dealing with a litigation on construction in Chandigarh, the Supreme Court today directed UT Estate Officer to remain present before the Bench on Wednesday. The Estate Officer has been asked to show cause why action should not be taken for “dealing with such an important matter in a callous manner”.

The direction came after the Supreme Court Bench found the UT unrepresented even though the matter was especially fixed for hearing today. The Bench was hearing a special leave petition filed against Chandigarh and other respondents by the Residents Welfare Association and another petitioner through senior advocate PS Patwalia with Gaurav Patwalia and other counsel.

In its petition initially filed before the Punjab and Haryana High Court, the petitioner-association was seeking directions for restraining UT Administration and its respondent-functionaries from permitting conversion of residential plots into apartments. The association had moved the Supreme Court against an order passed by a Division Bench of the High Court in the matter.

As the petition came up for resumed hearing this morning, the Supreme Court Bench of Justice BR Gavai and Justice BV Nagarathna observed: “In a serious matter pertaining to construction in the city of Chandigarh, these matters were specially fixed for hearing today and directed to be treated as part-heard. There was no representation in the morning session on behalf of the Union Territory of Chandigarh”.

The Bench added the name of Additional Solicitor-General KM Nataraj was flashed on the display board as he had appeared on an earlier occasion. But he informed the Bench that he had not been instructed to appear in these matters.

“We find the approach of the administration to be totally callous and irresponsible in dealing with such important litigation. We, therefore, direct the Estate Officer, Union Territory of Chandigarh, to remain present in court tomorrow, i.e. November 2 at 11 am and show cause as to why action should not be taken for dealing with such an important matter in a callous manner,” the Bench directed in its detailed order.

Estate Officer told to be present in court today

The SC directs the Estate Officer to show cause why action should not be taken for “dealing with such an important matter in a callous manner”. He has been directed to remain present before the Bench on Wednesday