Fresh PIL flags illegal constructions near Golden Temple
The Punjab and Haryana High Court issued notices to the Punjab government and the Amritsar Municipal Corporation. Despite 15 years of court orders and a 2016 law, hotels continue to rise in the walled city.
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The PIL, filed by Jagdish Singh, a 77-year-old resident of Bagh Ramanand, through advocate Vivek Salathia, claimed that a sealed property near Bagh Ramanand was being converted into a hotel in violation of the Amritsar Walled City (Building) Act, 2016, and building by-laws. (Credit: Unsplash)The Punjab and Haryana High Court on Thursday issued notice to the Punjab government and the Amritsar Municipal Corporation on a public interest plea alleging fresh illegal constructions around the Golden Temple corridor despite earlier court directives and a pending case before the Supreme Court.
The PIL, filed by Jagdish Singh, a 77-year-old resident of Bagh Ramanand, through advocate Vivek Salathia, claimed that a sealed property near Bagh Ramanand was being converted into a hotel in violation of the Amritsar Walled City (Building) Act, 2016, and building by-laws. The petitioner alleged that seals affixed by the civic body had been broken, and construction was being carried out “right under the nose” of municipal officials.
The bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry questioned the maintainability of the plea in view of the Supreme Court stay on earlier high court orders, but agreed to seek a response from the authorities. “Any construction must strictly follow municipal laws,” the bench observed, directing that the Amritsar Municipal Corporation and state government file their replies by the next date of hearing on October 15.
Advocate Vivek Salathia submitted that the apex court had stayed a 2019 high court order, which had restrained construction near the shrine and stayed the 2016 Act. “Even if the Act is in force, new structures cannot come up without prior approval of an expert committee and compliance with structural safety norms. None of this is being done,” he argued, presenting photographs and notices issued by the municipal corporation for sealing and disconnection of electricity. He said the petitioner had video recordings showing workers entering from the rear of the premises even as the front appeared sealed.
The court noted that previous directions required adherence to the Amritsar Walled City (Building) Act, 2016, and the Building By-Laws, 2019. It allowed the petitioner to place an affidavit with supporting material and adjourned the matter after issuing notice.
A long battle over the walled city
The controversy over unauthorised structures near the Golden Temple dates back to 2010, when public-spirited citizens first approached the high court, pointing to rampant violations in the sacred precinct. By November 2012, the court had taken formal cognisance, noting that over 105 hotels, guesthouses and sarais were operating in breach of building norms. A series of orders followed in 2013 and 2014, including the constitution of a monitoring committee, but enforcement remained lax.
In 2016, instead of cracking down on illegal growth, the Punjab government enacted the Amritsar Walled City Recognition of Usage Act to regularise constructions, a move that triggered another round of litigation. In July 2019, the high court stayed the Act and directed the disconnection of utilities to violators, fixing personal responsibility on senior officials. However, one of the affected hoteliers obtained a stay from the Supreme Court, reviving the Act pending final adjudication.
Despite this, residents allege, fresh hotels continue to mushroom. In the present case, an elderly petitioner opposed to construction was allegedly assaulted and threatened. Complaints filed through June and July brought no relief, leaving him to once again seek judicial intervention.
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