SC stays demolition drive close to Chandigarh airport till October 30, ET RealEstate

September 8, 2023

<p>File Photo</p>
File Photo

MOHALI: The Supreme Court has stayed the demolition drive within 100 metre of the radius from the boundary wall of the defence installation near the Chandigarh international airport till October 30, allowing a special leave petition filed by residents of Pabhat village in Zirakpur.

Issuing notices to the respondents, a division bench of Justice A S Bopanna and Justice M M Sundresh ordered that it is made clear that the existing constructions will not be demolished and petitioners not put up any further constructions. The status quo is to continue, according to the apex court.

The residents had challenged the orders of the Punjab and Haryana high court refusing to stay the demolition of structures.

Following orders of the high court, a committee led by the Punjab chief secretary had been constituted to look into the legality of the structures. After meetings of Mohali deputy commissioner and AOC-in-C of the IAF station, besides other stakeholders, a comprehensive report had been submitted to the chief secretary. The report recommended that structures constructed after 2010 were illegal and should be immediately demolished, but those that came up before 2010 should be compensated according to law before being razed.

In February 2007, it was published in the gazette that “restriction was imposed on construction up to 100 metre from the crest of the outer parapet of the IAF station high grounds, up to 100 metre from the outer parapet, and up to 900 metre from bomb dump of the IAF station, Chandigarh“. However, no action had been taken. In January 2010, the same restriction was published in the gazette. Public notice was issued in March 2011 and joint surveys and demolitions conducted.

The panel, led by the CS, took legal opinion from the additional advocate general in September 2018 who advised that “if there is any illegal construction, it cannot be demolished without first issuing show-cause notice to owners or occupiers, giving them opportunity of hearing and thereafter pass an appropriate order…if any person shows sanctioned site plan by the competent authority, then such a construction may not be demolished.”

  • Published On Sep 8, 2023 at 04:00 PM IST

Join the community of 2M+ industry professionals

Subscribe to our newsletter to get latest insights & analysis.

Download ETRealty App

  • Get Realtime updates
  • Save your favourite articles

Scan to download App

Source link

Abhay Singh

Web Developer

Leave a Comment