Punjab and Haryana high court (HC) has ordered immediate demolition of the third floors of 76 buildings in a Sector-41 society while terming these as illegal constructions.
The HC bench of justice Amol Rattan Singh and justice Lalit Batra also ordered Chandigarh Housing Board (CHB) to restore the structural aspects of dwelling units on ground and first floors, wherever modifications have been made in violation of norms, within a month. The board was also told to ensure that proper structural safety is provided to all units and costs incurred for the same is to be recovered from the allottees.
2014 plea
In 2014, a plea was moved by residents living on the ground floors of MIG duplex flats in the sector, challenging the 2010 CHB policy of allowing certain modifications to duplex units. Their argument was that as a result these constructions, the structural stability of the premises will be jeopardised, resulting in grave risk to the lives of occupants of the said buildings.
The society’s buildings have provision only for two storeys (small built up area on second floor) but some residents have built an additional floor.
There are 628 flats in the society, out of violations were found in 194 units, by CHB during surveys. CHB had also told the court that there were some units where they were not even allowed to enter.
During the hearing, it was pointed out that those living on the third floor were not party to the matter and without hearing their side, an order could not be passed. However, the court observed that the matter is pending for the past eight years and surveys have been conducted at different points of time, and it is not possible to believe that they are not aware of this litigation.
{{/usCountry}}During the hearing, it was pointed out that those living on the third floor were not party to the matter and without hearing their side, an order could not be passed. However, the court observed that the matter is pending for the past eight years and surveys have been conducted at different points of time, and it is not possible to believe that they are not aware of this litigation.
{{/usCountry}}The court further observed that it should be ensured that proper structural safety is provided to all units. After complete structural safety of all dwelling units has been certified by the competent authority, a report is to be put up before a committee of technical persons, headed by CHB chairman.
The alterations, which have been made according to prescribed norms changed from time-to-time, be allowed, the court said.