Saurabh Malik
Tribune News Service
Chandigarh, November 2
A former judge of the Punjab and Haryana High Court, who retired as the Chief Justice of the Allahabad HC, had warned against the use of greenbelt to construct lawyers’ chambers, saying it would come as a death blow to the planned city of Chandigarh.
The word of warning, virtually endorsed by the “conservation architect” and the “Chandigarh heritage conservation committee” now, came in 2015 — around four years before the HC building committee approved the construction of multi-storey buildings in the vicinity.
Justice SS Sodhi had made it clear that chambers for advocates in the greenbelt opposite the Punjab and Haryana High Court museum could be built only on the debris of heritage. “If the greenbelt is allowed to be converted into chambers, it will sound the death knell for Chandigarh,” Justice Sodhi had asserted in a letter to the then acting Chief Justice.
The letter was taken on record by a division Bench during the hearing of a petition by the Bar Association against the Chandigarh administration. The HC had subsequently asked the UT adviser to file an affidavit suggesting alternative space for the purpose.
Question of heritage
The greenbelt was earmarked, and used as such, since the High Court shifted to Chandigarh in 1955. The HC was constructed between 1952 and 1955 and inaugurated on March 19, 1955, by then PM Jawaharlal Nehru and the greenbelt was in place since then.
It was temporarily used for parking when the HC underground parking was under construction. Justice Sodhi maintained that the heritage committee had declared the Capitol Complex as part of the Heritage Zone-1 and its character must be preserved. “Chandigarh, and especially the Capitol Complex, is world famous because of its architectural layout and design and deserves to be preserved at any cost,” he had added.
Master plan
Justice Sodhi said the Capitol Complex was laid out in accordance with the master plan drawn up by Le Corbusier and it was duly referred to in the Capital of Punjab (Development & Regulation) Act, 1952. “The Chandigarh Master Plan, 2031, was only drawn up to provide for the spaces not dealt with in the original master plan. The Master Plan Committee did not have the mandate to alter the existing plan nor has it done so. Thus, the notification of the Chandigarh Master Plan, 2031, has not for the first time earmarked the greenbelt opposite the High Court museum.”
Legal issues
Referring to a Supreme Court judgment in case of “Vinay Balachandra Joshi vs Registrar General, SC and another”, Justice Sodhi asserted a legal practitioner could work without a chamber. It was not necessary that he should have a chamber within the court premises.
Justice Sodhi said in Chandigarh, there was no provision for change of use from one purpose to another. “The greenbelts are the lungs of the city and can’t be permitted to be used for any other purpose. There is no right in favour of the petitioners to have the nature of the greenbelt changed,” Justice Sodhi said.
Before parting, he said: “Order for conversion of greenbelt and construction of chambers, as such, may not be passed. In fact, directions be issued to stop using it for parking.”
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