The Bench, comprising Chief Justice Vijender Jain and Justice Kanwaljit Singh Ahluwalia, has directed status quo on a property in Sector 4 where "multiple flats" were to come up.
Taking up the matter, the Bench has ruled: "The Sectors from 2 to 5 are prime sectors of Chandigarh. Often, as a misnomer in common parlance, they are called posh or elite sectors of Chandigarh.
"The reason is simple to find. These sectors have an unhindered landscape of Shivalik Hill as background. Le Corbusier had a vision of a clear skyline and landscape for Chandigarh. Therefore, the first block of Sectors 2, 3, 4 and 5 contain big plots of four and eight kanals, and also low construction.
"In the second block of Sectors from 7 to 11, third block of sectors from 12 to 19; and thereafter fourth and fifth block onwards, as the number of sectors increase, the density of population also increases".
Expressing understanding of the city's character and culture, the judges have observed: "Sectors 2, 3, 4 and 5 have been planned for less population limited to about 1,000 for each sector. It is for this reason that these are the only sectors not to be further divided into sub-sectors A, B, C and D as other sectors have been".
Substantiating their point of view, the judges have quoted the UNESCO World Heritage Centre website on urban and architectural work of Le Corbusier in Chandigarh and have also quoted from "Architectural Review" by Antoniou Jim.
In their detailed order, they have added: "Le Corbusier had built Chandigarh as planned city marvel and had a vision and a concept. He had taken into consideration various factors; landscape, skyline and self sustained natural ecology.
Therefore, if multi-storey apartments or more covered area is permitted, not only will it assault the character and heritage of the city, rather Sectors 2,3, 4 and 5 will not be able to sustain pressure of increased population, if multiple apartments are allowed to mushroom in these sectors".
Referring to the case in hand, the judges have said the house in dispute is situated in Sector 4. The petitioner claims to be the owner of 50 per cent of the house and in possession of a part of the plot measuring 3,948 square yards, which is not partitioned.
The Judges have added:"We fail to understand as to how the plot could have been sub-divided and on that basis permission could have been given for construction by the Chandigarh administration".
The case will now come up for further hearing on February 27.
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