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SC Confirms P&H HC’s Order for Verandah Construction, Green Parking; No UNESCO Rule Violation

29 May 2025 11:56 AM - By Vivek G.

SC Confirms P&H HC’s Order for Verandah Construction, Green Parking; No UNESCO Rule Violation

The Supreme Court of India has upheld the Punjab and Haryana High Court’s decision to construct a verandah outside Court Room No.1 and to develop the kutcha parking area within the High Court complex using green pavers and tree plantations.

A bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the Chandigarh Administration’s challenge, stating that the verandah construction does not violate UNESCO guidelines for world heritage sites.

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“The High Court’s decision to construct the verandah in front of Court Room No.1, aligning with the existing verandahs of Court Rooms 2 to 9, is fully justified and does not breach UNESCO rules,” the Court stated.

The Court clarified that the Chandigarh Administration can seek ex post facto approval if required.

Additionally, the Supreme Court upheld the High Court's orders from February 7 and February 21, 2025, which directed the placement of green paver blocks in the kutcha parking area. The Court emphasized that this development must maximize parking capacity, provide shade and shelter for vehicles, and enhance green cover.

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“While placing green pavers, the High Court may consult landscaping experts and plant suitable trees at intervals to ensure sufficient parking and shade, as well as increase the green cover,” the Court stated.

The contempt proceedings initiated by the High Court on December 13, 2024, against the Chandigarh Administration for non-compliance with verandah construction orders, will be paused for 12 weeks.

“The contempt proceedings from December 13, 2024, shall remain in abeyance for 12 weeks to give the Chandigarh Administration time to comply with the November 29, 2024 order,” the Supreme Court ordered.

This matter arose from a 2023 PIL filed by the High Court Secretary, seeking infrastructure upgrades in the court premises. On November 29, 2024, the High Court directed the Administration to construct the verandah within two weeks, with completion in four weeks, due to litigant inconvenience, especially during rains.

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The Chandigarh Administration argued that the High Court building is part of the Capitol Complex designed by Le Corbusier, recognized as a UNESCO World Heritage site in 2016, and required approval from the World Heritage Committee. They mentioned that approval had been sought from the Archaeological Survey of India and the Chandigarh Heritage Conservation Committee, pending consultation with Fondation Le Corbusier in Paris.

However, the High Court issued a mandamus on November 29, 2024, ordering immediate construction. When the Administration failed to comply, a contempt notice was issued on December 13, 2024, with Chief Engineer CB Ojha impleaded. The Chandigarh Administration then approached the Supreme Court, which stayed the contempt proceedings and verandah construction order on January 10, 2025.

On February 7, 2025, the High Court also ordered green pavers and tree planting in the kutcha parking area to address parking shortages, noting the underground parking accommodates only 600 vehicles while 3,000–4,000 vehicles visit daily. The Administration’s request to recall this order was dismissed on February 21, 2025, as the directions supported sustainable development and tackled parking challenges.

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