The Chandigarh Administration on Friday told the Punjab and Haryana high court that expansion of high court at the present site in Sector 1 can’t be allowed into forest area abutting the court complex.
During the hearing on Friday UT’s senior standing counsel, Amit Jhanji told high court bench of chief justice Sheel Nagu and justice Sanjiv Berry that due to various reasons, expansion in reserve forest area can’t be allowed.
The statement was made while a discussion on a letter to Chandigarh Administration by additional solicitor general of India Satya Pal Jain was being discussed, wherein he had said that a proposal has come on extension of high court complex from the court number 69 end to reserved forest area. “In case the administration agrees with it, then the administration will be expected to move formally to the Government of India for permission to convert the forest land into non-forest land,” his letter to the administration read.
As per UT’s response, submitted before the court also during the hearing, UT is of the view that due to restrictions of Sukhna wetland, eco-sensitive zone, Sukhna catchment area norms and Forest Conservation Act, the extension of the complex can’t be allowed into reserved forest area. UT has also cited the 2020 judgment of the high court in which the high court had declared Sukhna as living entity and had declared 2004 map of survey of India as the catchment area of Sukhna, which touches the high court complex boundary. Construction in this zone is prohibited.
{{/usCountry}}As per UT’s response, submitted before the court also during the hearing, UT is of the view that due to restrictions of Sukhna wetland, eco-sensitive zone, Sukhna catchment area norms and Forest Conservation Act, the extension of the complex can’t be allowed into reserved forest area. UT has also cited the 2020 judgment of the high court in which the high court had declared Sukhna as living entity and had declared 2004 map of survey of India as the catchment area of Sukhna, which touches the high court complex boundary. Construction in this zone is prohibited.
{{/usCountry}}The submissions took place during the resumed hearing of a public interest litigation (PIL) by the high court employees association secretary Vinod Dhatterwal, highlighting the space constraints at the HC and the problems being faced by the employees, lawyers and public in general and seeking remedial steps.
UT’s is of the view that expansion at current site may take place on around 2 lakh square meter area only and can’t be allowed into reserved forest area. Alternatively, it has offered a land of 45 acre in Sarangpur, about which there are reservations in some quarters.
The proposal to have a new complex with 150-odd courts in the IT Park area was also deliberated upon. However, UT has cited environmental concerns with regard to the IT park site, which the HC had proposed during these proceedings earlier this year.
The chief justice, during the hearing, asked the Bar association president, Sartej Singh Narula to hold a general house of lawyers on the issue and deliberate upon these proposals.
The present complex is part of Capitol Complex, a UNESCO heritage site, where construction can’t take place to meet future demands and restrictions due to reserved forest area abutting the complex. The court has already made it clear that the complex is not being shifted outside Chandigarh.