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The Punjab and Haryana High Court has ordered Chandigarh Administration to produce before it the sanction order issued for construction of Lalit Hotel at Rajiv Gandhi InfoTech (IT) Park [Vinod Dhattewal and others vs Union of India and others]
The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the order after UT Administration raised an objection of environmental clearance to the Court’s proposal for having a new High Court building in the same IT Park area.
Besides asking the UT authorities to produce documents regarding the restrictions imposed by Wildlife Board in IT Park area, the Court also sought the following:
Documentary proof of environmental objections qua IT Park area.
Sanction order issued by UT Administration and NOC documents issued by environmental authorities qua Lalit Hotel.
The Court had earlier said the proposal to shift the High Court to Sarangpur may not be practical since traffic to the village is restricted and often affected by the traffic congestion at PGIMER square.
The UT then told the Court that an underpass could be constructed. However, the Court said that the same may not be viable, especially in the rainy season.
“More so, with the proposed relocation of the High Court from Sector-1, Chandigarh to village Sarangpur, the entire traffic of Chandigarh as well as Panchkula and partly of Mohali will take the route which passes through Sector 12, PGIMER, chauraha for reaching village Sarangpur. This in all likelihood will cause delay and inconvenience to the Judges, members of the Bar, employees, litigants as well as other stake holders,” it said in the order passed on August 1.
With regard to the IT Park area, the UT Administration said that building permission may not be granted by the Wild Life Board due to IT Park lying under the flying path of migratory birds which visit Sukhna Lake.
The High Court, which is located in Sector 1 of Chandigarh, falls within the catchment area of Sukhna Lake. It is also a heritage building, making it difficult for the authorities to expand at the present location. High Court building is part of the Chandigarh Capitol Complex, which has UNESCO World Heritage status.
The Court on the judicial side for many years has been hearing a case related to the lack of infrastructure at its premises.
Considering the stalemate, the Court asked the High Court Bar Association to hold a meeting with the competent authorities of Chandigarh Administration on August 7 for discussion the issue of alternate site or taking ahead an earlier holistic plan for the existing premises.
Additional Solicitor General Satya Pal Jain was asked to preside over the meeting.
“For facilitating a fruitful discussion between the two parties, U.T. Administration is directed to share all the relevant documents including sketches/maps etc. with all office bearers of the Bar Association, with the ultimate object of taking the Holistic plan ahead. U.T. Administration is directed to file a report as regards the said meeting before the next date of hearing,” the Court ordered.
It further asked the UT Administration to answer the following:
Can the Holistic Plan attract approval of UT Administration as well as the Heritage Committee, if the requirement of Court rooms is reduced?
UT Administration had earlier agreed to approve the holistic plan subject to certain restrictions. What were those restrictions?
However, the Court clarified that it has not given up the exploration for an alternate site for the High Court at IT Park/Sarangpur village or any other site. Meanwhile, a building at Sector 17 has been handed over to the Court for shifting the administrative branches of the High Court.
Taking note of the Bar Association’s submission that there is dearth of traffic policemen to regulate heavy traffic in the morning and evening at the High Court premises, the Court ordered that two Deputy Superintendents of Police remain available in the mornings and evenings on every day.
“In this respect, U.T. Administration is directed to ensure posting of two Deputy Superintendents of Police (Traffic), U.T. Chandigarh from 08.30 A.M. to 10.30 A.M. and thereafter from 03.00 P.M. to 05.00 P.M. every day along with team adequate number of traffic police personnel, to regulate the traffic in the High Court premises. This arrangement be made effective from 05.08.2025,” the Court ordered.
[Read Order]