‘You can’t cover courtyard’: HC upholds Chandigarh building rules, dismisses plea against sealing of club

The case revolved around the alleged unauthorised construction behind SCO 3-A, Madhya Marg, Sector 7, where the petitioner, a tenant, had made extensive modifications in violation of the sanctioned building plan. The court found that the violations included changing the rear elevation by plastering walls and replacing windows with doors, installing iron grills on the terrace, and constructing smoke ducts that were not part of the approved design.

Additionally, the petitioner had covered an open courtyard with a retractable roof, built unauthorised toilets, and set up a restaurant seating area on the terrace of a single-storey block, effectively adding an extra floor. The petitioner had also converted the designated open yard into a fully covered restaurant space, eliminating the mandatory open area required for loading and unloading goods.

In December 2022, the Chandigarh Estate Officer had ordered the immediate sealing of the property due to the continued existence of these non-sanctionable violations despite repeated notices and warnings.

The petitioner contended that they were not given a fair hearing before the sealing order was issued in December 2022. However, the court found that multiple notices had been issued, including on June 15, 2022, and that the petitioner had been given ample opportunities to rectify the violations.

“More than sufficient opportunities have been granted to the petitioner by the appellate authority as well as the revisional authority,” the ruling stated.

The Chandigarh Heritage Committee had earlier examined the issue of modifications in the rear courtyards of commercial properties and, on September 14, 2023, unanimously decided against permitting retractable or temporary roofs. This decision, later approved by the administration, was aimed at preserving Chandigarh’s planned character and ensuring adequate space for vehicle movement.

Rejecting claim of discrimination, the court noted that action was being taken against 44 similar properties in the city. It also ruled that judicial review under Article 226 of the Constitution could not be used to overturn decisions by quasi-judicial authorities.

With the dismissal of the petition, the sealing order issued by the Chandigarh Estate Officer remains in effect. The illegal constructions came to light following a complaint by Manpreet Singh Sandhu on behalf of the Residents’ Welfare Association, Sector 7, in 2022.