The court upheld the High Court's orders for constructing a verandah and laying green paver blocks, emphasizing the balance between development needs and heritage preservation.

JUDGMENT :

Mehta, J.

1. Heard.

2. Leave granted.

3. Chandigarh Administration¹[Hereinafter, referred to as the ‘CA’ or “appellant”] is in appeal against the orders dated 29th November, 2024; 13th December, 2024; 7th February, 2025; and 21st February, 2025 passed by the High Court of Punjab and Haryana at Chandigarh²[Hereinafter, referred to as the “High Court”] in a public interest litigation³[Civil Writ Petition (Public Interest Litigation) No. 9 of 2023 (O&M)] whereby the High Court directed as below:-

“Order dated 29th November, 2024

Construction of Verandah in front of Court Room No.1

Submissions

Learned Senior Standing Counsel for UT Administration informs that proposed map of the Verandah covering outside of Court Room No.1 has been sent to Archaeological Survey of India for approval: It is also informed that in the 24th meeting of Chandigarh Heritage Conservation Committee (CHCC) held on 19.09.2024 in- principle proposal was granted for construction of the said Verandah in front of Court Room No.1 subject to contacting Foundation Le Corbusier Paris for sharing the required drawings/data related to this project.

This Court on 13.11.2024 had refrained from issuing any direction in the backdrop of assurance that Chandigarh Heritage Conservation Committee are being consulted and the UT Administration after due consultation shall revert back within 10 days. This Court had passed a preemptory order that in case, the aforesaid assurance does not turn out to be true by the next date of hearing, then this Court will be compelled to issue a writ of mandamus to the UT Administration for construction of verandah in front of Court Room No.1, which is dire need of the hour.

Directions

A writ of mandamus is issued to UT Administration to start construction of verandah in front of Court Room No.1 in line with and of the same type as already exists in front of Court Rooms No. 2 to 9, within a period of two weeks and complete the process of construction within four weeks thereafter.

Order dated 13th December, 2024

Construction of verandah in front of Court Room No. 1

On the last date of hearing, in this regard, a Writ of Mandamus was issued directing the U.T. Administration to start construction of verandah in front of Court Room No. 1 in line with and of the same type as already existing in front of Court Rooms No. 2 to 9 within a period of two weeks and complete the process of construction within four weeks thereafter.

Despite lapse of two weeks from the last date of hearing, no effort has been taken by the U.T. Administration to show that the process of construction has commenced.

As such, this Court directs the Registry to implead Shri C.B. Ojha, Chief Engineer, U.T. Administration as party and on doing so contempt notice be issued against Shri C.B. Ojha to explain as to why contempt proceedings be not commenced and he be not punished for causing contempt of Writ of Mandamus issued on 29.11.2024.

Order dated 7th February, 2025

(As regards Kutcha Parking)

It is informed by learned counsel for the High Court that on the suggestion made by this Court under this head vide order dated 24.01.2025, the Building Committee was unsuccessful in convincing the U.T. Administration to allow green pavers to be laid in the area of kutcha parking with adequate number of trees to be planted so that the green cover can be restored and the vacant space can be used for parking purposes.

This Court is of the considered view that the suggestion made by this Court on earlier occasion for restoration of green cover and simultaneously laying green pavers for parking was not only reasonable but a step towards sustained development.

There is extreme shortage of parking space in the open areas provided for parking behind the heritage building of Punjab and Haryana High Court. On any given hour, during working session of the High Court, about 3000-4000 four wheelers daily visit the High Court out of which at least 2000; if not more, are permanently parked. The existing undergro