Punjab and Haryana HC Bar Association seeks recall of verandah construction order amid SC stay

Less than two months after the Punjab and Haryana High Court directed the Chandigarh Administration to construct a verandah in front of the Chief Justice’s courtroom, the Bar Association of the High Court has sought recalling of the order.

The Bar Association sought the recalling the orders dated November 29, 2024, and December 13, 2024, passed by the high court “containing a direction for construction of verandah in front of courtroom number 1 and for issuance of contempt notice against the Chief Engineer, UT Administration”.

In an application placed before the Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel, the Bar association said: “A request is being made to this court to recall the orders dated November 29, 2024, and December 13, 2024, so far as these pertain to the construction of verandah in front of courtroom number one. This is more so in view of the fact that another small door/entrance/exit, which had been shut down during the Covid pandemic, has been ordered to be opened by the high court, thereby temporarily alleviating the difficulty faced by the members of the Bar and others as well.”

Referring to a status report filed by the UT Administration, the Bar association added it had portrayed the path to be traversed by it towards obtaining the requisite clearances for undertaking any major restoration on new construction in the area of the Capitol Complex. “The Bar association is sanguine that UT administration would earnestly pursue the dire and urgent needs of the members of the Bar and others associated with the administration of justice in the high court of Punjab and Haryana at Chandigarh,” it added.

Taking up the matter, the Bench observed that the petitions for special leave to appeal filed by the Chandigarh Administration against the high court Registrar-General and other respondents was likely to come up before apex court for hearing on January 28.

The Bench asserted it was of the considered view that the fact regarding the filing of the application might be brought to the notice of apex court, “which is seized of the matter and only thereafter some decision can be taken by this court on the said application”.

UT was represented by senior standing counsel Amit Jhanji, while senior panel counsel Arun Gosain appeared for the Union of India. The Bench was assisted in the matter by advocate Tanu Bedi as amicus curiae or the friend of the court.

The Bench was hearing a suo motu or court on its own motion case on the high court’s holistic development. One of the issues before the Bench was the construction of a verandah in front of the chief justice’s courtroom.

The Bench was informed during the course of hearing in November 2024 that the Chandigarh Heritage Conservation Committee in its 24th meeting held on September had granted in-principle approval for the verandah, subject to consulting Foundation Le Corbusier Paris for requisite drawings and data. The proposed map had also been submitted to the Archaeological Survey of India for approval.

But the Supreme Court on January 10 stayed the high court’s directive issued on November 29, 2024, to the Chandigarh Administration to construct the verandah.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta also stayed contempt proceedings initiated by the high court against the UT’s Chief Engineer for non-compliance.

The Supreme Court order came in response to a petition filed before the apex court by the UT Administration, which argued that the construction would jeopardize the UNESCO World Heritage status of Chandigarh’s Capitol Complex.

The apex court was assisted by senior advocate P S Patwalia as the amicus curiae. The case will now come up on February 7.