HC says no to flyover, yes to underpass in UT

Deepak.Yadav@timesofindia.comChandigarh: A division bench of the Punjab and Haryana high court, headed by Chief Justice Sheel Nagu, on Friday restrained the Chandigarh administration from proceeding with the construction of the Industrial Area/Sector 31 flyover.The court termed it a violation of the statutory Chandigarh Master Plan (CMP)-2031, under which construction of overbridges/flyovers within Chandigarh is prohibited. The move comes as a major blow to the Chandigarh administration, as the UT engineering department recently awarded work for flyover construction to the eligible agency after finalising the tender process.In its 21-page detailed order, the division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry allowed the Chandigarh administration to construct an underpass at the Industrial Area/Sector 30 roundabout, saying that it is permissible under the CMP-2031 to decongest traffic.The court also restrained the Chandigarh administration, by way of a writ of prohibition, from cutting any tree standing in and around the Industrial Area/Sector 30 roundabout. The court directed the UT to maintain the green, unique, and heritage status of Chandigarh, including Phase I comprising sectors 1 to 30. Dakshin Marg is also an integral part of Phase I (heritage sectors 1 to 30).The UT administration was directed, by a writ of mandamus, to ensure and encourage the original ambience and character of the city by minimising personal motorised vehicular traffic and adopting public transportation.The court in its order said that, “Once it is established that Dakshin Marg is integral to Phase I Heritage Area (comprising of Sectors 1 to 30), then no developmental activity therein can take place in violation of CMP 2031. Pertinently, at the cost of reiteration CMP-2031 at page 307 provides thus: Over bridges/flyovers are not recommended to be constructed in entire city of Chandigarh due to heritage considerations, since they impact the visual city scape, and cause inconvenience to the pedestrians.”Court on need for public transportThe order states, “Chandigarh is the last well-planned city of this country, which has its unique features embodied in the concepts created by its architect Le Corbusier and the same needs to be preserved and protected, especially the foundational concepts that the city was planned and built not for motorised vehicular traffic but for non-motorised vehicular traffic. Pedestrians and the cyclists were given preference over the motorised vehicular traffic. Increase in the number of motor vehicular traffic in Chandigarh is alarming, since it has the highest per capita motorised vehicular in the entire country. There are more number of motorised vehicles in Chandigarh than people residing in this city.”The UT administration is legally examining the order and may move the Supreme Court.Box:About the flyover projectTotal length | 1.6 kmElevated road on Dakshin Marg | 1.14 kmUnderpass on Purv Marg | 519 mElevated rotary | 74 m in diameterTimeline2016: The project was conceptualised and planned2019: MoRTH approved the project with an allocation of Rs 183 crore in Feb 20192019: After the tendering process, the winning bid for project completion was Rs 137 crore. The UT issued a letter of award (LOA) on Nov 19, 20192019: Acting on a public interest litigation (PIL) regarding the cutting of trees for the project, the Punjab and Haryana high court granted a stay on the project on Nov 20, 20192024: The HC dismissed the PIL, paving the way for construction of the flyover on April 30, 20242025: In July, MoRTH granted approval for construction of the project with a budget of Rs 247 crore2026: MoRTH approved issuance of the LOA2026: Punjab and Haryana high court restrained the UT from constructing the flyover project