Supreme Court Prohibits Conversion Of Residential Units Into Floor-Wise Apartments In Chandigarh Phase 1 To Protect 'Corbusier' Heritage

In a significant development, the Supreme Court on Tuesday slammed the rampant practice prevalent in Chandigarh city of converting single residential units into apartments, in view of the heritage status of India’s first planned city as well as the principle of sustainability. Noting that the union territory administration had repealed the controversial Chandigarh Apartment Rules, 2001 that sought to regularise this practice, a Division Bench comprising Justices B.R. Gavai and BV Nagarathna held, “In light of the relevant acts and the rules, and the repeal of the 2001 Rules, any fragmentation, division, bifurcation, and apartmentalisation of a residential unit in Phase I of Chandigarh is prohibited.” After the promulgation of the 2001 Rules that permitted residential plots in the union territory to be constructed or utilised as apartments, the Chandigarh administration faced severe public backlash on the ground that such a practice would completely alter the character of the city and overburden the existing infrastructure and facilities. Consequently, the rules were repealed by a notification in October 2007. However, the appellant-association claimed that the administration turned a blind eye to residential units surreptitiously being converted into apartments, even after the said rules were withdrawn. It was alleged that builders and developers would routinely sell independent floors of entire residential units to three individuals or families, despite there being an embargo on a further subdivision of the self-contained unit. The three individuals or families would jointly own the residential unit and enter into an internal memorandum of understanding regulating the terms of their shared ownership. When this matter came up before the Punjab and Haryana High Court, a Division Bench dismissed the petition, observing, “The residential building constructed on a residential plot cannot be confined for single-family use as is sought to be projected on behalf of the petitioner-association. Such a proposition being canvassed before us would be alien to the provisions of the rules as also Chandigarh Master Plan 2031.” The High Court also rejected the contention that the occupation or possession of a specific portion or a floor of a joint property by a co-owner amounted to ‘apartmentalisation’. It was against this verdict against which an appeal was successfully preferred by way of special leave before the top court. Apart from allowing the appeal by the resident welfare association and prohibiting the conversion of single residential units into apartments, the Bench led by Justice Gavai also directed the Chandigarh Heritage Conservation Committee (CHCC) to consider the issue of re-densification in Phase I of the city of Chandigarh, with a view to preserving the northern sector of Chandigarh, that is, Corbusier’s Chandigarh, in its present form. The administration was directed to consider amending the Chandigarh Master Plan (CMP-2031) and the Chandigarh Building Rules, 2017 insofar as they applied to Phase I, in accordance with the recommendations of the committee. Such amendments would, however, have to receive the imprimatur of the central government, before being notified. “Till a final decision is taken as aforesaid by the central government, the Chandigarh administration shall not sanction any plan the modus operandi of which is to convert a single dwelling into three different apartments occupied by three strangers and no memorandum of understanding or agreement of settlement among co-owners of a residential unit shall be registered or be enforceable in law for the purpose of bifurcation or division of a single residential unit into floor-wise apartments,” the Bench clarified. Other directions were issued by the top court including a directive to the central government and Chandigarh administration to freeze the floor-area ratio (FAR) and not increase it any further. It was also categorically stated that the number of floors in Phase I would be restricted to three, with a uniform maximum height as deemed appropriate by the heritage committee. “The Chandigarh administration shall not resort to government rules or bylaws without prior consultation with the Heritage Committee and prior approval of the central government,” Justice Gavai added. In conclusion, Justice Gavai, on behalf of the Bench, also said, “It is high time that the legislature, executive, and the policymakers at the centre and state-level take note of the damages to the environment on account of haphazard development and take necessary measures to ensure development does not damage the environment.” A ‘proper balance’ between sustainable development and environmental protection also needed to be struck, the judge said, while urging the appropriate governmental organs to promulgate necessary provisions for carrying out environmental impact assessments before permitting...

Supreme Court Prohibits Conversion Of Residential Units Into Floor-Wise Apartments In Chandigarh Phase 1 To Protect 'Corbusier' Heritage

Awstika Das

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