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.