‘Heritage tag in danger’: Chandigarh moves SC over HC order on verandah construction

Over a month after the Punjab and Haryana high court directed construction of a verandah outside the chief justice’s court, the UT administration has moved the apex court arguing that if constructed without UNESCO approval, it may lead to losing the World Heritage tag.

The order of construction of roughly 5-metre verandah at the frontal façade of the chief justice’s court (court room 1) was ordered on November 29, 2024. Currently, a verandah exists only in front of court rooms 2 to 9.

The need for another verandah was felt as the open space outside court room 1 inconveniences visitors, especially during rain. The chief justice’s court is separated from the block having eight other courts.

The HC building is part of the Capitol Complex, designed by acclaimed French architect Le Corbusier, and was designated a World Heritage site in 2016. Construction at a heritage site is prohibited without approval from the UNESCO World Heritage Committee.

However, on November 29, the HC had issued directions to start the construction work within two weeks. As the UT failed to implement the order, on December 13, the court issued a contempt notice observing, “Despite lapse of two weeks from the last date of hearing, no effort has been taken by the UT administration to show that the process of construction has commenced. As such, this court directs the registry to implead CB Ojha, chief engineer, UT administration, as party and issuance of contempt notice against him to explain as to why contempt proceedings may not be commenced.”

The Supreme Court is likely to take up the matter on Friday, when Ojha also has to respond to the contempt notice.

The HC order came during the hearing of a 2023 public interest litigation (PIL) filed by Vinod Dhaterwal, an office-bearer of the high court employees’ association, demanding infrastructure development of the HC complex in the wake of increasing traffic congestion, space crunch and implementation of the holistic development plan.

The plan, conceptualised more than a decade back, envisages setting up of multi-storey buildings to cater to the requirement of additional space at the high court complex. However, the plan had to be put on hold as the Capitol Complex was declared a World Heritage site in 2016.

Chandigarh admn’s contentions

In the appeal before the apex court, UT has argued that the high court, while directing the Chandigarh administration to construct verandah outside court room 1, has ignored the fact that UNESCO designates World Heritage sites of outstanding universal value to cultural or natural heritage that have been nominated by countries, which are signatories to the UESCO World Heritage Convention.

The HC order, if implemented, would lead to a situation wherein promises made by the sovereign (India) to an international body would stand “broken”, which will further lead to “delisting” of the Capitol Complex as a heritage site.

“The high court has also not considered that the Chandigarh administration has been most receptive to the institutional needs and requirements of the Punjab and Haryana high court. ..the Chandigarh administration in spite of being hard pressed for land has allotted a plot of 15 acre for Punjab and Haryana high court branches,” the petition filed before the apex court reads.

UT has further argued that HC passed the order on November 29 even as it was apprised that the administration’s heritage panel had given a nod to the verandah project and the matter had been sent to Archaeological Survey of India (ASI), the nodal agency to take up issues with UNESCO.