SC puts brakes on Tata Camelot Housing Project

Senior advocate Abhishek Manu Singhvi,appearing for Tata,was left with no alternative after the bench snubbed his contention that the restrain order was not required since the wildlife clearance was awaited and it would take at least two more months. He maintained that a restrain order might create hurdles in the company’s attempt to procure the clearance.

“We will not let you lay even a brick. How and why this eyesore was allowed? If the proposed constructions are found to be suffering from illegalities or other irregularities tomorrow,losses would become irreparable. We have to stop it now,” said the bench,forcing Singhvi to give an undertaking in place of the bench passing the order.

It also rejected Singhvi’s arguments to send the 17 petitioners,including a few former high court judges,back to the Punjab and Haryana High Court or dismiss the petition on technical grounds of delay in approaching the apex court.

“It is a very serious matter. 36-storey buildings coming up on 53-acre land and it has been claimed that the land is in the catchment area of the lake. We will hear this matter. We will not dismiss it on technical grounds. Larger public interest demands that delay in filing the petition be condoned,” said the court while issuing notices to Tata,Hash Builders,state administration and others.

The court said that it had to ensure that no environmental hazards are caused because of the proposed construction. “You will have to maintain status quo. It is a very significant matter for a city. If the constructions are in the catchment area,the lake may dry up. We cannot allow this,” it said.

The Rs 1,800-crore venture has been proposed on 53.39 acres of land,which would have around 2,100 flats in 98 towers,ranging between 12 and 36 storeys,near the Chandigarh Capitol Complex. The project’s fate has been hanging in the balance since November 2010 when it was challenged in the high court.

On August 21,the high court had refused to stall the construction of the project,following which a bunch of 17 petitioners moved the apex court. On being pointed out that ‘Sarin Memorial Legal Aid Foundation’,and not these persons were petitioners before the high court,the SC ordered deletion of their names and said that the foundation would continue to be a party before it.