SUPREME COURT’S BIG “NO” TO APARTMENT ACT IN CHANDIGARH

SUPREME COURT’S BIG “NO” TO APARTMENT ACT IN CHANDIGARH

SUPREME COURT OF INDIA PROHIBITS FLOOR WISE RESIDENTIAL UNITS/APARTMENTS IN CHANDIGARH

Division Bench stated that Fragmentation/Division/ Bifurcation/Apartmentalization of a residential unit in Phase-I of Chandigarh is prohibited

Case Title
CIVIL APPEAL NO. OF 2023 (Arising out of SLP(C) No. 4950 of 2022)
RESIDENTS WELFARE ASSOCIATION AND ANOTHER ……APPELLANT(S)
VERSUS
THE UNION TERRITORY OF CHANDIGARH AND OTHERS …RESPONDENT(S)
WITH CIVIL APPEAL NO. OF 2023 (Arising out of SLP(C) No. 5489 of 2022)

“Let this be a new town, symbolic of the freedom of India unfettered by the traditions of the past…an expression of the nation’s faith in the future”. These were the words of Pandit Jawaharlal Nehru, India’s First Prime Minister, while laying down the founding principles of a new city for the Capital of the State of Punjab.

Chandigarh is today known throughout the world for being one of the best planned urban environments. In large part, it is due to the high proportion of open space, social facilities, civic amenities and infrastructure per living unit. The introduction of apartment rules, by itself, does not have any provision to add these essential services and facilities within the existing built up environment. It will only add residential density while ignoring other urban infrastructure thereby being detrimental to the city environment and will only lead to the long term decline of the city.

Chandigarh has a heritage value and it is important to preserve and maintain the integrity of the original concepts and planning postulates of Sun, Space and Verdure.

The judgement also emphasized that the northern sectors of Chandigarh (Corbusian Chandigarh) should be preserved in their present form as far as possible. It also states that any redevelopment in the northern sectors (Phase-­I) should only be done keeping the recommendations of the Heritage Committee in mind.

The efforts should be to keep the character of the city intact. It further emphasizes that the architecture of the city needs to be preserved and retained in sync with Le Corbusier’s vision. It states that the low rise character of the city needs to be maintained.

Corbusian Chandigarh title to the first phase of the city which is the most representative of Le Corbusier’s thought and philosophy is truly worthy of recognition for its Modern Heritage Value. The sectors 1 to 30 planned and detailed out by the original team in fulfillment of the CIAM principles of Living, Working, Care of Body and Spirit and Circulation.

The Division Bench further issued the following directions:

(i) The Heritage Committee is directed to consider the issue of redensification in Phase­I of the city of Chandigarh;

(ii) Needless to state that the Heritage Committee would take into consideration its own recommendations that the northern sectors of 127 Chandigarh “(Corbusian Chandigarh)” should be preserved in their present form;
(iii) The Heritage Committee shall also take into consideration the impact of such redensification on the parking/traffic issues;
(iv) After the Heritage Committee considers the issues, the Chandigarh Administration would consider amending the CMP­2031 and the 2017 Rules insofar as they are applicable to Phase-­I in accordance with the recommendations of the Heritage Committee;
(v) Such amendments shall be placed before the Central Government, which shall take a decision with regard to approval of such amendments keeping in view the requirement of maintaining the heritage status of Le Corbusier zone;
(vi) Till a final decision as aforesaid is taken by the Central Government:
a. The Chandigarh Administration shall not sanction any plan of a building which ex facie appears to be a modus operandi to convert a single dwelling unit into three different apartments occupied by three strangers; and
b. No Memorandum of Understanding (MoU) or agreement or settlement amongst co owners of a residential unit shall be registered nor shall it be enforceable in law for the purpose of bifurcation or division of a single residential unit into floor­wise apartments.
(vii) We further direct that hereinafter, the Central Government and Chandigarh Administration will freeze FAR and shall not increase it any further;
(viii) That the number of floors in Phase­I 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; and
(ix) That the Chandigarh Administration shall not resort to formulate rules or bylaws without prior consultation of the Heritage Committee and prior approval of the Central Government.

Before we part with the judgment, 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.

We direct the copy of this judgment to be forwarded to the Cabinet Secretary to the Union of India and the Chief Secretaries to all the States to take note of the aforesaid observations. We hope that the Union of India as well as the State Governments will take earnest steps in that regard. 130 169.

We must place on record our deep appreciation for the valuable assistance rendered by P.S. Patwalia and Ranjit Kumar, learned Senior Counsel appearing on behalf of the appellants and K.M. Natraj, learned ASG, Kapil Sibal, Ajay Tewari and Gaurav Chopra, learned Senior Counsel appearing on behalf of the respondents.

In the result, the appeals are allowed in the aforesaid terms.