SC bans fragmentation of residential models in Chandigarh 

Express News Service

NEW DELHI: Remarking that it was essential to strike a correct stability between sustainable improvement and surroundings safety, the Supreme Court on Tuesday prohibited fragmentation/division/ bifurcation/apartmentalization of a residential unit in Phase­ I of Chandigarh. 

Observing that it was needed to guard the heritage standing of Corbusian Chandigarh, a bench of Justices BR Gavai and BV Nagarathna mentioned in 131 web page ruling mentioned, “Number of floors in Phase­ I shall be restricted to three with a uniform maximum height as deemed appropriate by the Heritage Committee keeping in view the requirement to maintain the heritage status of Phase­I.” 

The bench additionally directed the Central Government and Chandigarh Administration to freeze FAR and never enhance it any additional. “On account of certain acts and omissions of the Chandigarh Administration, in certain areas, there has been a chaotic situation,” bench additional mentioned. 

The courtroom additionally urged Legislature, the Executive and the Policy Makers on the Centre and state degree to contemplate injury to surroundings because of haphazard developments and take measures to make sure that improvement doesn’t injury the surroundings. 

“We observe that it is high time that the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels take note of the damage to the environment on account of haphazard developments and take a call to take necessary measures to ensure that the development does not damage the environment. It is necessary that a proper balance is struck between sustainable development and environmental protection. We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development,” the bench mentioned. 

The observations had been made within the plea which handled The Chandigarh Apartment Rules, 2001 (“the 2001 Rules”) had been framed by the Administrator, UT of Chandigarh as per which it was permission to subdivide single residential models into a couple of condo. Although the foundations had been repealed by a notification dated October 1, 2007 however the identical had been reintroduced within the Draft Chandigarh Master Plan-2031.

Pursuant to the objections being thought of by Board of Inquiry and Hearing, it was determined that re­ densification of any authorities residential/institutional pocket in Phase­I sectors may solely be finished with the prior approval of the Chandigarh Heritage Conservation Committee. Since the observe of changing massive variety of single dwelling models into condo was prevalent, a plea was filed earlier than the Punjab and Haryana HC. Since the plea was dismissed by the HC, the Residents Welfare Association approached Supreme Court. The HC had additional held that for constituting a fragmentation, there needs to be a component of everlasting severance. Mere development of three flooring on a personal plot and utilization of the identical as impartial models wouldn’t quantity to fragmentation.

The SC courtroom additionally directed the Heritage Committee to contemplate the difficulty of redensification in Phase­I of the town of Chandigarh and likewise think about the influence of such redensification on the parking/visitors points. 

It additional barred Chandigarh Administration from resorting to formulate bye legal guidelines or guidelines with out prior session of Heritage Committee and approval of Centre. 

NEW DELHI: Remarking that it was essential to strike a correct stability between sustainable improvement and surroundings safety, the Supreme Court on Tuesday prohibited fragmentation/division/ bifurcation/apartmentalization of a residential unit in Phase­ I of Chandigarh. 

Observing that it was needed to guard the heritage standing of Corbusian Chandigarh, a bench of Justices BR Gavai and BV Nagarathna mentioned in 131 web page ruling mentioned, “Number of floors in Phase­ I shall be restricted to three with a uniform maximum height as deemed appropriate by the Heritage Committee keeping in view the requirement to maintain the heritage status of Phase­I.” 

The bench additionally directed the Central Government and Chandigarh Administration to freeze FAR and never enhance it any additional. “On account of certain acts and omissions of the Chandigarh Administration, in certain areas, there has been a chaotic situation,” bench additional mentioned. 

The courtroom additionally urged Legislature, the Executive and the Policy Makers on the Centre and state degree to contemplate injury to surroundings because of haphazard developments and take measures to make sure that improvement doesn’t injury the surroundings. 

“We observe that it is high time that the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels take note of the damage to the environment on account of haphazard developments and take a call to take necessary measures to ensure that the development does not damage the environment. It is necessary that a proper balance is struck between sustainable development and environmental protection. We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development,” the bench mentioned. 

The observations had been made within the plea which handled The Chandigarh Apartment Rules, 2001 (“the 2001 Rules”) had been framed by the Administrator, UT of Chandigarh as per which it was permission to subdivide single residential models into a couple of condo. Although the foundations had been repealed by a notification dated October 1, 2007 however the identical had been reintroduced within the Draft Chandigarh Master Plan-2031.

Pursuant to the objections being thought of by Board of Inquiry and Hearing, it was determined that re­ densification of any authorities residential/institutional pocket in Phase­I sectors may solely be finished with the prior approval of the Chandigarh Heritage Conservation Committee. Since the observe of changing massive variety of single dwelling models into condo was prevalent, a plea was filed earlier than the Punjab and Haryana HC. Since the plea was dismissed by the HC, the Residents Welfare Association approached Supreme Court. The HC had additional held that for constituting a fragmentation, there needs to be a component of everlasting severance. Mere development of three flooring on a personal plot and utilization of the identical as impartial models wouldn’t quantity to fragmentation.

The SC courtroom additionally directed the Heritage Committee to contemplate the difficulty of redensification in Phase­I of the town of Chandigarh and likewise think about the influence of such redensification on the parking/visitors points. 

It additional barred Chandigarh Administration from resorting to formulate bye legal guidelines or guidelines with out prior session of Heritage Committee and approval of Centre.