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28 May 2025, 12:39 PM
The Supreme Court today upheld the directions issued by the Punjab and Haryana High Court to construct a verandah in front of Court Room No.1 and to develop the kutcha parking area within the High Court premises with green pavers and tree plantation.
A bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the challenge raised by the Chandigarh Administration and held that the construction of the verandah does not violate UNESCO guidelines related to world heritage sites.
“We are of the view that the decision of the High Court in directing construction of the veranda in front of courtroom no. 1 in alignment with the design of the 3 existing verandas in front of courtroom nos. 2 to 9 is absolutely justified and would not violate the UNESCO guidelines”, the Court held.
However, the Court added that the administration would not be precluded from seeking ex post facto approval for the construction if required, calling it a minimal protective measure which is necessary.
The Court also upheld the High Court's orders dated 7 February 2025 and 21 February 2025 directing the placement of green paver blocks in the open kutcha parking area. The Court said that the development should be done in such a way that it facilitates the parking of maximum vehicles, create shade and shelter for the vehicles, and increase the green cover.
“However, while placing such green paver blocks, the High Court administration may consult with the landscaping experts and ensure plantation of a suitable number of trees at appropriate intervals so as to facilitate parking of maximum number of vehicles and creating shade as well as shelter for the said vehicles and in addition, thereto increasing the green cover in the area. This exercise shall be monitored by the Concerned Committee of the High Court”, the Court held.
The Supreme Court also directed that the contempt proceedings initiated by the High Court on December 13, 2024 for non-compliance of its order to construct the veranda, shall remain in abeyance for 12 weeks.
“Further, in order to give a breathing space to the Chandigarh administration, Appellant herein, it is provided that the content proceedings initiated vide order dated 13 December 24 shall be kept in abeyance for a period of 12 weeks so as to enable the Chandigarh administration to comply with the order dated 29th November 2024 passed by the High Court”, the Court held.
The issue arose from a PIL filed before the Punjab and Haryana High Court in 2023 by the Secretary of the High Court, seeking infrastructural improvements in the court complex.
The High Court had on November 29, 2024, directed the UT Administration to construct the verandah outside Court Room No. 1 within two weeks and complete it in another four weeks. The Court had noted that the Chief Justice's Court was located in a separate block where litigants faced difficulties, especially during rains.
The UT Administration had argued that the High Court building, being part of the Capitol Complex designed by French architect Le Corbusier and designated a UNESCO World Heritage site in 2016, required prior approval from the UNESCO World Heritage Committee.
The Administration also claimed that the construction plan had been sent to the Archaeological Survey of India and that the Chandigarh Heritage Conservation Committee had given in principle approval, subject to consulting Fondation Le Corbusier in Paris.
Despite this, the High Court, citing non-compliance with earlier assurances, issued a writ of mandamus on November 29, 2024, directing immediate commencement of construction.
When the Administration failed to begin the work within the stipulated period, the High Court on December 13, 2024, issued a contempt notice against the Administration and impleaded Chief Engineer CB Ojha as a party.
The Chandigarh Administration approached the Supreme Court against these orders. On January 10, 2025, the apex court stayed the High Court's direction for construction and the contempt notices issued.
Meanwhile, on February 7, 2025, the High Court also directed that green paver blocks be laid in the kutcha parking area behind the heritage building, citing the severe shortage of parking for the 3,000–4,000 vehicles that visit daily.
The High Court stated that the underground three-tier parking accommodates only 600 vehicles and that the open parking areas are insufficient. The High Court ordered the Administration to lay green pavers and plant 100 to 200 trees to restore the green belt and meet parking needs.
The Administration filed an application seeking recall of the February 7 order, which was dismissed by the High Court on February 21, 2025, stating that the directions served the purpose of sustainable development and addressed the acute parking crisis. The two February orders were challenged by the UT administration in a separate case.
The Supreme Court has now upheld all four High Court orders.
Case no. – C.A. No. 7249-7250/2025 and C.A. No. 7251-7252/2025
Case Title – Chandigarh Administration v. Registrar General, High Court of Punjab and Haryana
Citation : 2025 LiveLaw (SC) 639