More than four years after the Punjab and Haryana High Court applied brakes to the Tribune flyover project by restraining the authorities concerned from taking further steps to uproot, relocate or cut trees, a Division Bench has vacated the stay, paving the way for its construction.
Saurabh Malik
Chandigarh, May 1
More than four years after the Punjab and Haryana High Court applied brakes to the Tribune flyover project by restraining the authorities concerned from taking further steps to uproot, relocate or cut trees, a Division Bench has vacated the stay, paving the way for its construction.
The Bench ruled that the stay granted on November 20, 2019, had set Chandigarh back by a decade. The city was built and conceptualised in 1950 and could not continue to remain the same. Development was an ever going process. The town was planned for 5 lakh people. But today “we are dealing with the tri-city, which is now bounded by Panchkula, Mohali and New Chandigarh, having a population of over 15 lakh”.
The Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji, at the same time, directed that the administration would not rush forth to cut the trees till the project was finalised and the construction was liable to start.
The Bench asserted the issue of access and travel to Chandigarh was required to be taken into consideration as it was the capital of two states having government buildings. The authorities were planning “Metro” to ease the traffic situation. In such circumstances, infrastructural projects, which would ease the situation, were the need of the day, “rather than fall back on the times not to use the vehicles”.
Elaborating, the Bench asserted it was a matter of common knowledge that traffic coming from Delhi/Dera Bassi side to Chandigarh was held up for one and a half hours following traffic jams. A large number of residents had started putting up in Zirakpur due to easy availability of flats and apartments in high-rises, but were dependent on Chandigarh for work, education, health and entertainment purposes.
The Zirakpur Municipal Council was stated to have a population of one lakh and the area had developed phenomenally over the years as its boundary was touching Chandigarh.
“All residents also flow continuously in and out of Chandigarh. The need, as such, is to ease the traffic in such situation, rather than to block the development. In our considered opinion, the stay which was granted on November 20, 2019, has taken Chandigarh back by a decade. In such circumstances, we are of the considered opinion that it has led not only to cost overruns, but also ensured that the town has not progressed and developed which is the need of the hour,” the Bench observed.
In its detailed order, the Bench made it clear that it was open to the Administration to proceed with the project in a manner it deemed fit, and whether to associate the earlier contractor or to call for fresh bids. “Needless to say that all environmental issues, which need to be redressed regarding the environmental impact assessment, and necessary permissions will be duly obtained and complied with before start of the new project. As noticed, 2,799 saplings have already been planted. The UT shall ensure that the said saplings as such survive and also keep constant monitoring as such to re-plant whatever saplings have not survived as such,” the Bench concluded.
Development need of the hour
“All residents also flow continuously in and out of Chandigarh. The need, as such, is to ease the traffic in such situation, rather than to block the development. In our considered opinion, the stay which was granted on November 20, 2019, has taken Chandigarh back by a decade. In such circumstances, we are of the considered opinion that it has led not only to cost overruns, but also ensured that the town has not progressed and developed which is the need of the hour,” the HC Bench observed.
Don’t cut trees till project finalised
The Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji, at the same time, directed that the Administration would not rush forth to cut the trees till the project was finalised and the construction was liable to start.
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