Court directs Chandigarh admn to build verandah outside Chief’s courtroom

The Punjab and Haryana High Court has directed the UT Administration to commence the construction of a verandah in front of courtroom number one, that of the Chief Justice, within two weeks and complete the project within four weeks thereafter.

As the matter came up for resumed hearing, the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal was informed that Chandigarh Heritage Conservation Committee in its 24th meeting held on September 19, 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.

The bench asserted it had on a previous date of hearing refrained itself from issuing directions following assurances from the UT Administration that the committee was being consulted and feedback would be provided within 10 days. The court, at that time, had issued a stern warning, stating that failure to comply with these assurances would compel it to intervene mandatorily.

Describing the verandah as “dire need of the hour”, the bench asserted: “A writ of mandamus is issued to the UT Administration to start construction of verandah in front of courtroom number one in line with and of the same type as already exists in front of the courtrooms number two to nine, within a period of two weeks and complete the process of construction within four weeks thereafter.”

Additional Solicitor-General of India Satya Pal Jain, during the course of hearing, also informed the court that the Ministry of Environment, Forest, and Climate Change had granted in-principle approval for the diversion of forest land to non-forest use Rock Garden-High Court vicinity. The submission came just about two months after the court expressed hope that the Union of India would take swift action to address the diversion of forest land near Rock Garden, which had been causing traffic congestion around the court complex.

Taking a note of the submissions, the court directed the forest department and the UT Administration to ensure compliance with the specified conditions within 15 days and submit a report at the next hearing. The bench also directed the Bar association to convene a meeting to create a corpus fund for purchasing electric auto carts or rickshaws to facilitate commuting between the additional parking area and the court premises.

The direction came after UT Senior Standing Counsel Amit Jhanji informed the court that 80 per cent of the additional parking work space behind the Haryana MLA Hostel was complete and the facility will be operational within a week. Bar Association secretary Swarn Singh Tiwana volunteered to secure consensus among members for the initiative.

The bench also directed the UT Administration to finalise a lease agreement for a premises in Sector 17A to house its administrative branches. The directive followed a letter dated November 28 from an executive engineer, confirming the approval by technical evaluation committee to lease the building for a year.

The bench also expressed displeasure over the UT Administration’s failure to file a fortnightly compliance report as directed in its earlier order dated November 13. Taking serious note of the lapse, the court granted a final opportunity to the administration to submit a progress report covering all mandated aspects, including proposed and ongoing activities, before the next hearing scheduled for December 13.