HC shields Sector 39-B Chandigarh Housing Board residents from demolition till July 27

Acting on a petition filed by Sector 39-B residents challenging demolition notices, the Punjab and Haryana High Court has made it clear that coercive steps will not be taken by the Chandigarh Administration at least till July 27 —the next date of hearing in the case.

The Bench was hearing the petition filed against the Administration and another respondent by Col. Harinder Kaur Kheterpal and other petitioners through counsel Ashok Sharma Nabhewala and Gauri Sharma.

They had, among other things, challenged the demolition notices dated February 17 and March 20. Nabhewala contended that the impugned demolition notices were issued without even awaiting the final decision of a High Powered Committee constituted in deference to the High Court orders in an earlier round of litigation. He also told the court that the other petition filed in 2017 was pending for July 27.

The Bench was told that the respondents were threatening immediate action by way of demolition in pursuance of the impugned notices. Taking up the plea initially on April 13, the Bench asserted: “In the meantime, we provide that no coercive steps shall be undertaken by the respondents, till the next date of hearing”. As the matter came up for resumed hearing, the Bench of Justice Suvir Sehgal and Justice Vikas Suri directed the continuation of the interim order.

In their petition, the petitioners had earlier contended that they were allotted /occupying dwelling units constructed by the Chandigarh Housing Board (CHB). They were, in fact, occupying HIG category-1 dwelling units.

The respondents constituted high power committee to review need-based policies / orders in January this year. But in February and March, without waiting for the final outcome of the policy review by the high power committee, the respondent board issued demolition notice to the petitioners. They were given 7-day time to demolish/ restore the structure and at the same time deposit Rs 1,30, 460 towards removal of violations and to ensure structure safety. The petitioners also brought to court’s notice the board constructed about 70, 000 dwelling units of various categories. About 95 per cent allottees had made additional constructions in the units as per the need-based policies issued from time to time.

It was added that the board, however, was adopting a pick and choose policy to issue action on the against petitioners, who earlier also approach the court.