CHANDIGARH – In a significant setback for the Chandigarh administration’s drive against building violations, the Punjab and Haryana High Court has stayed the demolition of structures within Chandigarh Housing Board (CHB) flats in Sector 39-B. The court has ordered the maintenance of status quo and restrained officials from taking any “punitive or coercive action” until the next hearing on July 27.
Legal Challenge Against “Premature” Notices
The interim stay follows a petition moved by Colonel Harinder Kaur Khetrapal and other local residents. The petitioners sought the quashing of enforcement notices issued on February 17 and March 20, branding them as unlawful and premature.
The crux of the residents’ argument lies in the ongoing review of the city’s ‘Need-Based Policy.’ Pursuant to previous High Court directions, a high-level committee was established to evaluate these policies. The petitioners contend that the administration’s rush to issue demolition notices before the committee has submitted its final report is a direct contravention of established rules.
Allegations of “Pick-and-Choose” Policy
The petition highlights a stark disparity in how the administration handles building violations across the Union Territory. The residents, who occupy High Income Group (HIG) Category-I flats, presented several key arguments to the court:
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Widespread Modifications: Out of approximately 70,000 CHB flats in Chandigarh, nearly 95 percent of allottees have made similar modifications based on evolving needs over the years.
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Targeting Litigants: The petitioners alleged that the administration is adopting a “pick-and-choose” strategy, specifically targeting individuals who have previously challenged the board in court.
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Financial Burden: The contested notices gave residents only seven days to remove structures and demanded payments exceeding ₹1.30 lakh.
Judicial Reasoning
The High Court noted that a similar matter from 2017 is already pending and scheduled for a hearing on July 27. Justice observed that unilateral administrative action in Sector 39-B could not be justified while the broader legal and policy framework is still being deliberated.
“No demolition activity of any kind shall be undertaken until the next hearing,” the court clarified, extending the interim relief that was initially granted during the preliminary hearing.
What This Means for Allottees
For now, the residents of Sector 39-B can breathe a sigh of relief. The status quo order ensures that no hammers will fall and no penalties will be collected for the next three months. The outcome of the July 27 hearing is expected to set a critical precedent for thousands of other CHB flat owners across Chandigarh who have made “need-based” additions to their homes.
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