P&H High Court Seeks Environmental Clearance Given To Lalit Hotel In Chandigarh's IT Park After Admin's Opposition To New HC Building In Same Area

The Punjab and Haryana High Court has sought documents of the environmental clearance granted to The Lalit Hotel located in the IT Park area of Chandigarh, as the Union Territory (UT) Administration opposed the construction of the new High Court building in the same vicinity. 

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "Documentary proof of environmental objections qua IT Park area."

The Court asked the UT Administration, Chandigarh, to file an affidavit answering the following queries: - 

1) Can the Holistic Plan attract approval of U.T. Administration as well as the Heritage Committee, if the requirement of Court rooms is reduced? U.T. Administration had earlier agreed to approve the Holistic plan subject to certain restrictions. What were those restrictions?

2) Sanction order issued by U.T. Administration and NOC documents issued by environmental authorities qua Lalit Hotel.

3) Documents regarding IT Park area, restrictions imposed by Wildlife Board. 

The Court was hearing a batch of petitions pertaining to issues including Construction of Verandah in front of Chief Justice Court (Court Room No.1), parking lot for the High Court, and Allotment of additional buildings or administrative Branches of the High Court.

Considering the increasing footfall and space constraints, the Court in the last hearing had asked the Chandigarh UT Administration to explore alternative locations for the construction of a new High Court building.

In the present hearing, the Court noted that, "the counsel for U.T. Administration has not provided this Court with any acceptable plan. U.T. Administration is unable to provide any solution to the perennial problem of traffic congestion at Sector 12- PGIMER, Chandigarh Chauraha, which falls on the way to village Sarangpur except that an underpass can be constructed."

An underpass may not be feasible and viable especially in 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, it added.

The Court opined that, this in all likelihood will cause delay and inconvenience to the Judges, members of the Bar, employees, litigants as well as other stake holders.

 As regards I.T. Park, Chandigarh is concerned, the Court noted that, "U.T. Administration has raised objection of environmental clearance and various building restrictions which may not be granted by the Wild Life Board due to I.T. Park lying under the flying path of migratory birds which visit Sukhna Lake."

The Court said that, since there is no feasible and viable solution coming forth from either of the parties, "it would be appropriate and in the fitness of things to revert back to explore the possibility of holistic plan being made feasible and viable."

Adding that the Bar Association of Punjab & Haryana High Court has agreed to hold a joint meeting with the competent authorities of U.T. Administration on August 07, to deliberate on the issue of alternate site or for taking the Holistic plan ahead, the Court requested ASG Satya Pal Jain to preside over the meeting.

While deferring the matter to August 13, the Court asked to UT to file report of meeting by the next date. 

Title: Vinod Dhattewal and others v. Union of India and others