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RESIDENT’S WELFARE ASSOCIATION AND ANOTHER vs. THE UNION TERRITORY OF CHANDIGARH AND OTHERS

SCR Citation: [2023] 1 S.C.R. 601
Year/Volume: 2023/ Volume 1
Date of Judgment: 10 January 2023
Petitioner: RESIDENT’S WELFARE ASSOCIATION AND ANOTHER
Disposal Nature: Others
Neutral Citation: 2023 INSC 22
Judgment Delivered by: Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Respondent: THE UNION TERRITORY OF CHANDIGARH AND OTHERS
Case Type: CIVIL APPEAL /274/2023
Order/Judgment: Judgment
1. Headnote

Urban Development – Town Planning – Committee for Chandigarh Master Plan, 2031 (CMP-2031) – Issue of redensification in Phase-I sector in the city of Chandigarh – Fragmentation/division/bifurcation/ apartmentalization of residential units – Held: In view of r.14 of the Chandigarh (Sale of Sites and Building) Rules, 1960, r.16 of the Chandigarh Estate Rules, 2007 and repeal of the Chandigarh Apartment Rules, 2001, fragmentation/division/bifurcation/ apartmentalization of residential units in Phase-I sector of Chandigarh is prohibited – On facts, authorities of the Chandigarh Administration were blindly sanctioning building plans, when from the building plans itself it was apparent that the same were in effect converting one dwelling unit into three apartments – Such a haphazard growth may adversely affect the heritage status of Phase-I of Chandigarh – The Committee for Chandigarh Master Plan, 2031 (CMP-2031) itself, at more than one place, states that Chandigarh has been planned as a green city with abundance of open space and to ensure that every dwelling has its adequate share of the three elements of Sun, Space and Verdure – Fragmentation/apartmentalization of single dwelling units in Phase-I of Chandigarh will injure the ‘Lungs’ of the city as conceptualized by Le Corbusier – For protecting the heritage status of Corbusian Chandigarh, directions issued u/Art.142 of the Constitution – Issue regarding apartmentalization to be first examined by the Chandigarh Heritage Conservation Committee – Chandigarh Administration to thereafter take steps for amending the CMP-2031 and the Chandigarh Building Rules (Urban), 2017 and subsequently, the same to be placed before the Central Government for its consideration and final decision – Chandigarh Estate Rules, 2007 – r.16 – Chandigarh (Sale of Sites and Building) Rules, 1960 – r. 14 – Chandigarh Building Rules (Urban), 2017 – Chandigarh Apartment Rules, 2001 – Constitution of India – Arts. 142.
Urban Development – Damage to environment on account of haphazard developments – Necessity of proper balance between sustainable development and environmental protection – 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.
Word and Phrases: “Fragment” and “Fragmentation” – Meaning of.

2. Case referred
3. Act
  • Constitution Of India
4. Keyword
  • Urban Development
  • Town Planning
  • Committee for Chandigarh Master Plan
  • 2031 (CMP-2031)