The Supreme Court on Tuesday prohibited "fragmentation or apartmentalization" of residential units in phase-I of Chandigarh, saying it will injure the "lungs" of the city as conceptualised by French architect Le Corbusier who had designed it.
While appealing to the legislature, the executive and policy makers at the Centre and states to make necessary provision for carrying out environmental impact assessment studies before permitting urban development, the apex court said it is necessary that a proper balance is struck between sustainable development and environmental protection.
The top court noted that Chandigarh was made a Union Territory (UT) and became the capital for the states of Punjab and Haryana. The city, it said, was developed in two phases -- phaseÂ-I having sectors 1 to 30 and phaseÂ-II having sectors 31 to 47. A bench of Justices B R Gavai and B V Nagarathna slammed the Chandigarh administration for "blindly sanctioning" building plans and said it is apparent from them that they are in effect converting one dwelling unit into three apartments.
"Such a haphazard growth may adversely affect the heritage status of phaseÂ-I of Chandigarh which is sought to be inscribed as a UNESCO's heritage city," the bench said in its 131-page verdict. The top court delivered its judgement on the appeals challenging the November 2021 verdict of the Punjab and Haryana High Court which had held that there was no provision under the Capital of Punjab (Development and Regulations) Act, 1952, or the Rules framed thereunder governing transfer of shares in relation to a site or building whether owned singly or under joint ownership.
The high court had also held that sale of shares out of a building or site by the allottee or transferee was not barred and was permissible under the general civil law.
In its verdict, the apex court said permitting redensification in phaseÂ-I, which has heritage value on account of being "Corbusian Chandigarh", without the same being approved by the Chandigarh Heritage Conservation Committee, is contrary to the Chandigarh Master Plan (CMP)Â 2031.