The Punjab and Haryana high court has refused to stay its April 21 order under which the Chandigarh Housing Board (CHB) was directed to immediately demolish third floors of 76 apartment buildings at a Sector-41 housing society.
Soon after the order, the affected duplex flat owners had moved court, claiming that there was no encroachment at any dwelling unit and only internal changes had been made, based on what was permitted by the board.
“The policy of need-based changes is under extensive consideration of the UT administration and the subject matter of their pleas will be dealt with in the policy,” they had submitted. They had also demanded that bias cannot be ruled out in the inspections carried out by CHB employees. Hence, an independent agency, such as PEC, Chandigarh, or IIT Roorkee be roped in to check the structural safety aspect.
However, the HC bench of justice Amol Rattan Singh and justice Lalit Batra refused to grant any relief. It said the third concrete floors will be demolished and only temporary structures in the form of asbestos/fiberglass roof, etc., will be allowed.
It further said any other action with regard to removal of structures, which may jeopardise structural safety, will be decided after the issue was examined by experts.
{{/usCountry}}It further said any other action with regard to removal of structures, which may jeopardise structural safety, will be decided after the issue was examined by experts.
{{/usCountry}}Earlier, CHB’s senior standing counsel Gagandeep Singh Wasu took strong objection to the residents’ application, arguing that they were trying to reopen the controversy in the garb of the application.
“Load bearing walls of five dwelling units have been removed and work to demolish third floor has been completed in 60 of the 76 dwelling units by the allottees themselves. While a policy on need-based changes is in progress, but even in that policy, structures compromising safety cannot be allowed,” Wasu submitted.
In its April 21 order, the court had also ordered CHB to restore the structural aspects of dwelling units on ground and first floors, wherever modifications had been done in violation of norms.
The matter has been before the court since 2014. Those on ground floors of the MIG duplex flats in Sector 41 had challenged a 2010 CHB policy that allowed certain modifications at duplex units, which as per them compromised structural stability of the premises. There are 628 flats in the society and violations were found in 194 during surveys by CHB.