Citing the “condition of Bengaluru”, the Supreme Court on Tuesday barred the “fragmentation or apartmentalisation” of residential units in phase-I of Chandigarh. The top court held that doing so will injure the “lungs” of the city as conceptualized by French architect Le Corbusier who had designed it.
“Warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and policy-makers. It is high time that before permitting urban development, Environmental Impact Assessment (EIA) of such development is done,” a Hindustan Times report quoted the SC as saying.
The hearing was headed by a bench of Justices B R Gavai and B V Nagarathna. The Chandigarh administration was slammed for “blindly sanctioning” building plans. The court also alleged that the administration is behind converting one dwelling unit into three apartments. “Such a haphazard growth may adversely affect the heritage status of phase-I of Chandigarh which is sought to be inscribed as a UNESCO’s heritage city,” the bench said in its 131-page verdict.
According to a report published in October last year, Bengaluru is the fourth most expensive real estate market in the country. The data was found in a report by consultancy firm Knight Frank that established an ‘affordability index’ for the third quarter of 2022.
Apartmentalisation of residential units, basically refers to making apartments out of single-dwelling units. The Supreme Court prohibited its construction citing enviromental reasons. Chandigarh was developed in two phases — phase-I having sectors 1 to 30 and phase-II having sectors 31 to 47.
Earlier, the Punjab and Haryana High Court had also said that apartmentalisation is not permissible. Citing the same, Supreme Court went on to hold that though developers or builders are in effect indulging in construction of three apartments in a building the same does not amount to apartmentalisation. “In our view, this would amount to permitting something indirectly which is not permitted directly,” it said.
Supreme Court also said the Chandigarh administration shall not formulate rules or bylaws without prior consultation of the committee and prior approval of the Centre.
It said the number of floors in phase-I shall be restricted to three with a uniform maximum height as deemed appropriate by the Heritage Conservation Committee keeping in view the requirement to maintain its heritage status
While appealing to the legislature, the executive and policy makers at the Centre and states to make necessary provision for carrying out environmental impact assessment studies before permitting urban development, the apex court said it is necessary that a proper balance is struck between sustainable development and environmental protection.
(With PTI Inputs)
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