Supreme Court Stays P&H High Court's Direction For Verandah Construction At HC After Chandigarh Admin's Concerns Over UNESCO Heritage Status
The Supreme Court today (January 10) stayed the interim order dated November 29, 2024, in which direction was passed against the Chandigarh Administration to begin the construction of a Verandah outside the Court 1 of the Chief Justice's Court of the Punjab and Haryana High Court.
The Chandigarh Administration challenged the order of the High Court through a Special Leave Petition which was heard by a bench of Justices Vikram Nath and Sandeep Mehta today. The Court while issuing notice to the Respondents also stayed the contempt notice issued by the High Court against the Chandigarh Administration and the Chief Engineer responsible for the construction.
"Until further orders, the direction relating to construction of Verandah before Court Room No.01 by the Union Territory of Chandigarh Administration and the contempt notices against the Chief Engineer shall remain stayed," the Court ordered.
Solicitor General of India Tushar Mehta appeared for the Chandigarh Administration. Advocate Ashok Mathur appeared for the P&H High Court and Advocate Aashish Chopra for other respondents. The Court also appointed Senior Advocate PS Patwalia as amicus curiae to assist the Court.
The Chandigarh Administration has argued in the SLP that the construction of the verandah requires approval from the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Committee since the High Court's building is a part of the Capitol Complex designed by the famous French architect Le Corbusier. In 2016, it was designed as the World Heritage site.
Before the High Court, the Chandigarh Administration had informed that the proposed map for construction of verandah has been sent to the Archeological Survey of India for approval. It was also informed that in the 24th meeting of the Chandigarh Heritage Conservation Committee, the in-principle proposal was granted for construction subject to contacting Foundation Le Corbusier Paris for sharing the required drawings/data related to this project.
Despite this, the High Court observed: "This Court on 13.11.2024 had refrained from issuing any direction in the backdrop of assurance that Chandigarh Heritage Conservation Committee are being consulted and the UT Administration after due consultation shall revert back within 10 days.This Court had passed a preemptory order that in case, the aforesaid assurance does not turn out to be true by the next date of hearing, then this Court will be compelled to issue a writ of mandamus to the UT Administration for construction of verandah in front of Court Room No.1, which is dire need of the hour."
Reportedly, the Chief's Court is in a separate block having other Courts and the visitors including litigants have felt inconvenienced due to limited space, especially during rains.
After the 2 weeks period lapsed and the construction did not begin, the High Court bench of Justices Sheel Nagu and Anil Kshetarpal on December 13 issued a contempt notice against the Chandigarh Administration and also directed that the Chief Engineer of the Chandigarh Administration, CB Ojha, be impleaded as a party against whom also the contempt notice was issued.
The Court said: "As such, this Court directs the Registry to implead Shri C.B. Ojha, Chief Engineer, U.T. Administration as party and on doing so contempt notice be issued against Shri C.B. Ojha to explain as to why contempt proceedings be not commenced and he be not punished for causing contempt of Writ of Mandamus issued on 29.11.2024."
Against this, the Union Territory filed an SLP before the Supreme Court.
The High Court's order was passed in a 2023 Public Interest Litigation filed by the Secretary of the Punjab & Haryana High Court, Vinod Dhatterwal relating to the infrastructural development of the Court.
Case Details: CHANDIGARH ADMINISTRATION v. REGISTRAR GENERAL,HIGH COURT OF PUNJAB AND HARYANA AND ORS., SLP(C) No. 162-163/2025