The Supreme Court on Tuesday dominated that first 30 sectors of Chandigarh carried the heritage standing of Le Corbusier zone and, subsequently, conversion of residential homes into floor-wise flats can’t be permitted in these sectors.

Hazard developments should be arrested earlier than they injury the surroundings and heritage standing irretrievably, the SC bench led by justice BR Gavai underlined because it pulled up the Chandigarh administration for “blindly” allowing apartmentalisation within the metropolis.

“The fragmentation/apartmentisation of residential models in Phase 1 (northern sectors) of Chandigarh is harmful of the imaginative and prescient of Le Corbusier. It can be against the idea of defending and preserving the heritage standing of Corbusian Chandigarh,” said the bench, which also comprised justice BV Nagarathna, prohibiting fragmentation/division/ bifurcation/apartmentalisation of a residential unit in Phase 1 of Chandigarh that comprises Sectors 1 to 30.

Reproaching the UT administration for “turning Nelson’s eye” to single dwelling units being converted into apartments despite regulations prohibiting the change, the bench held that the heritage status of Chandigarh must be preserved, adding that unauthorized construction will “injure the lungs” of India’s first To install planned city.

“Such a haphazard development could adversely have an effect on the heritage standing of Phase 1 of Chandigarh that’s sought to be inscribed as a UNESCO heritage metropolis,” said the bench.

Pointing out that the Chandigarh Master Plan (CMP)-2031 and the relevant apartment rules prohibit the mushrooming of apartments, the court lamented that the authorities of the Chandigarh administration were blindly sanctioning building plans though these plans are in effect converting one dwelling unit into three apartments. .

Heritage committee to consider redensification

It said the Chandigarh Heritage Conservation Committee will consider the issue of redensification in these sectors. After that the UT administration will consider amending the CMP-2031 and the 2017 apartment rules in accordance with the recommendations of the committee. Any amendments will have to be placed before the central government for approval.

“…the committee will take into consideration its own recommendations that the northern sectors of Chandigarh (Corbusian Chandigarh) should be preserved in their present form; The committee shall also take into consideration the impact of such redensification on the parking/traffic issues,” the bench directed.

Freeze on change in flooring space ratio

The court docket additionally ordered freezing of the ground space ratio (FAR) within the northern sectors and restricted the variety of flooring within the space to 3 with a uniform most peak as fastened by the heritage committee preserving in view the requirement to take care of the heritage standing.

Bars on administration

As an interim measure, the administration has been directed to not sanction any plan of a constructing which the court docket mentioned “ex facie appeared to be a modus operandi to convert a single dwelling unit into three different apartments occupied by three strangers”.

It has additionally barred the Chandigarh administration from registering a memorandum of understanding (MoU) or settlement or settlement amongst unrelated co-owners of a residential unit for the aim of bifurcation or division of a single residential unit into floor-wise flats.

The administration has additionally been prohibited from formulating guidelines or bylaws with out prior session of the heritage committee and prior approval of the central authorities.

The apex court docket maintained it was obligatory {that a} correct stability was struck between sustainable improvement and environmental safety, and urged the Central authorities, cupboard secretary and states’ chief secretaries to pay heed to the court docket’s name.

Order got here on RWA’s 2016 plea

The court docket was listening to an enchantment filed in 2016 by the Sector-15 Residents Welfare Association (RWA), in search of an order to the administration to not allow residential plots to be constructed or utilized as flats.

In 2022, the Punjab and Haryana excessive court docket had dominated that residential plots in Chandigarh can have a number of shareholders, even outdoors the household. It was this order that has been challenged by the RWA.

In this matter, it had come to gentle that between 2016 and 2019, as many as 891 sale deeds have been registered by the Estate Office, whereby part of the property was offered outdoors the household.

In 2001, the administration had notified the Chandigarh Apartment Rules, whereby single residential models may very well be sub-divided into flats. But it was repealed in October 2007. The administration has since maintained that no permission is being granted to transform residential homes into flats.

The SC noticed that having famous the stand of the Chandigarh administration that the development and floor-wise sale of residential constructing was not permissible in view of Rule 16 of the 2007 guidelines, the High Court should have held that the statutory guidelines framed underneath the Capital of Punjab (Development & Regulation) Act, 1952, expressly prohibit fragmentation/division/bifurcation/apartmentisation of a residential unit in Phase 1 of Chandigarh.

Chandigarh is the nation’s first deliberate metropolis since Independence and has obtained worldwide popularity of its structure and concrete design. The metropolis’s grasp plan was developed by the French architect Le Corbusier.

In 2016, UNESCO had conferred heritage standing on the Capitol Complex, designed by Corbusier.

(With inputs from Hillary Victor)