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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sheel Nagu, CJ, Sanjiv Berry, J
Jagwant Singh Bath – Appellant
Versus
Union of India – Respondent
CWP-PIL-187-2024
| Table of Content |
|---|
| 1. maintainability of pil despite prior related litigations. (Para 1 , 2 , 3 , 4) |
| 2. binding nature of the chandigarh master plan 2031. (Para 6 , 7 , 8 , 9) |
| 3. prohibition of flyovers in accordance with statutory master plan. (Para 10) |
SHEEL NAGU, CHIEF JUSTICE
1. This petition invoking the writ as well as supervisory jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India essentially assails the decision of respondents No.3 and 4, to undertake the exercise of construction of signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on Dakshin Marg within Union Territory, Chandigarh, or any other place in Chandigarh.
1.1 The ground taken in support of the said challenge is that the construction of Flyover is in direct violation of Chandigarh Master Plan – 2031 (for brevity, ‘CMP - 2031’) (Annexure P-29).
1.2 Pertinently, this case was heard and reserved for passing a final order on 13.05.2026. During the closure of arguments, learned counsel for the petitioners prayed for interim relief to the extent of staying the cutting of trees for the purpose of construction of Flyover. Accordingly, this Court on 15.05.2026 restrained the respondents from felling or lopping any mango tree or any other tree in the vicinity of the Tribune Chowk, which interim continues to subsist till date.
2. Since respondents No.3 to 5 have taken a preliminary objection as to the maintainability of this petition by invoking doctrine of res judicata, this Court deems it appropriate to deal with the said objection at the very outset.
2.1 To adjudicate the aforesaid preliminary objection, this Court delineates the factual matrix in chronological manner as follows :-
| Date | Event |
|---|---|
| 26.03.2019 | CWP-PIL-60-2019, titled “The Run Club through its Authorized Signatory Vs. Chandigarh Administration UT Chandigarh and others”, was filed, raising the issue of management of solid waste in terms of Solid Waste Management Rules, 2016, qua waste dumping yard at Dadu Majra; and also seeking ban on plastic bags and burning of dry/fallen leaves and burning of garbage. |
| 20.11.2019 | In CWP-PIL-60-2019, CM-81-CWPIL-2019 was filed, bringing to the notice of the Court that 472 trees were being axed and 43 were being re-located for construction of proposed Flyover at Tribune Chowk. This impelled the Co-ordinate Bench to stay cutting of trees for construction of Flyover at Tribune Chowk until further orders. |
| 28.11.2019 | CWP-PIL-248-2019 was filed by the present petitioners, challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. |
| 02.12.2019 | Learned counsel for the petitioners sought permission to withdraw CWP-PIL-248-2019 with liberty to approach the respondent authorities, including a Committee constituted by this Court vide order dated 20.11.2019 passed in CM-81-CWPIL-2019 in CWP-PIL-60-2019. The respondents were to look into the grievance of the petitioners in terms of the order dated 20.11.2019 passed by this Court. Accordingly, CWP-PIL-248-2019 was dismissed as withdrawn with liberty to the petitioners to take up fresh proceedings in case cause of action survives or arises. |
| 23.12.2019 (Annexure P-17) | The petitioners submitted representation pursuant to interlocutory order dated 20.11.2019 passed in CM-81-CWPIL-2019 in CWP-PIL-60-2019, for affording them hearing, to oppose the construction of proposed Flyover. |
| 06.02.2020 (Annexure P-18) | A detailed representation was made by the petitioners to Advisor to the Administrator, UT Chandigarh, emphasizing that construction of Flyover is against the principles behind CMP – 2031. |
| 10.09.2020 (Annexure P-19) | COCP-1620-2020, titled as “Chandra Prakash and another Vs. Manoj Parida and others”, filed by persons aggrieved by non-execution of the interlocutory order dated 20.11.2019 passed in CM-81-CWPIL-2019 was dismissed as withdrawn, since the meeting, contemplated in order dated 20.11.2019, was s |
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