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Punjab and Haryana HC weighs shortcut to speed up plan to decongest complex

The Punjab and Haryana High Court Bar Association sought the immediate appointment of a design firm for the holistic redevelopment of its complex.

The Punjab and Haryana High Court enforced a 22-year-old eviction order against occupants of a BBMB shop in Nangal,(File)The Punjab and Haryana High Court enforced a 22-year-old eviction order against occupants of a BBMB shop in Nangal,(File)

The Punjab and Haryana High Court on Saturday heard a plea from the High Court Bar Association seeking a modification of last month’s order directing the Chandigarh administration to publish an expression of interest (EoI) for appointing an architect and project consultant for the holistic redevelopment of its complex.

Senior advocate Rupinder Khosla, appearing for the Bar, submitted that the EoI route would delay the project by at least six to seven months, jeopardising the December-January window in which the proposal must be sent for inclusion in the UNESCO World Heritage management plan. He urged the bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry to instead permit an immediate appointment of the existing firm, Design Associates, in consultation with the administrative committee of the court.

Reading from the Bar’s application, Khosla said the first part of paragraph 7 of the court’s November 21 order, requiring the UT to appoint a consultant with experience in court infrastructure and heritage sites, was unexceptionable. The difficulty, he said, arose from the second part of the paragraph, which mandated publication of the EoI. “This will consume time and delay initiation of the project, which is critical for the court’s immediate requirements,” he submitted.

Senior advocate Amit Jhanji, representing the UT administration, cautioned against bypassing established procedure. He placed on record the step-by-step process followed during the last redevelopment attempt in 2013-15, including architectural competition, jury evaluation, selection of consultants, preparation of the proposal, heritage impact assessment and approvals from the Chandigarh Heritage Conservation Committee and its technical subcommittee.

He argued that if the High Court were to directly appoint a consultant, it could face legal challenges from architects who were not given opportunities to participate. “Bypassing the procedure can create a problem later,” he said, while adding that the administration had “no impediment” to assisting the project and was aligned with the court’s urgency.

When Khosla pointed to the risk of missing the UNESCO deadline, Chief Justice Nagu agreed that delay was the primary concern. The bench asked all sides to suggest a legally sustainable “via media”, with Jhanji proposing a short, seven-day notice period for applications to expedite the process.

Additional Solicitor General Satya Pal Jain, appearing for the Union of India, told the bench that certain procedural hurdles could be resolved if the administration acted under Article 240 of the Constitution, which empowers the President to issue regulations for Union Territories. “If this goes through, we need not go to Parliament for small things. A notification by the President would suffice,” he said.

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Jain also outlined the broader approval chain: once the High Court finalises its plan and the UT’s heritage committees vet it, the proposal must be cleared by the International Standing Council of partner countries before the Ministry of Culture forwards it to UNESCO’s advisory body.

The bench directed issuance of notice on the Bar Association’s civil miscellaneous application to the UT administration and the Union government. The matter will be heard next on December 5.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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