SUDEEP MAHAJAN Vs. CHANDIGARH ADMINISTRATION AND ORS.

JUDGEMENT

(1.) THE petitioner, a practicing Advocate of this Court, has invoked the extra -ordinary writ jurisdiction of this Court, challenging the amendment in the Zoning Plan of Sector 36 -D, Chandigarh vide Notification dated 9.11.2005. The petitioner claims to be owner of a 2 kanal house on plot No. 1546, Sector 36 -D, Chandigarh. The grievance of the petitioner is that the Administration has permitted construction of a double storey servant quarters i.e. upto the 1st level in Phase -II Sectors of Chandigarh vide Notification dated 9.11.2005 amending the earlier Zoning Plan dated 17.9.1968. The grievance of the petitioner is that by amending the Zoning Plan, the Administration has permitted the construction of double storey servant quarters, which will invade the privacy of the inmates in the vicinity of such double storey servant quarters. The petitioner also challenges such amendment on account of the potential of misuse of the servant quarters by letting them out to Paying Guests, which invariably raises the noise level and often leads to hooliganism in the area.

(2.) THOUGH the petitioner has made multiple references to the Chandigarh Administration to seek information in respect of the permission to raise the height of the area of the servant quarters, however, such fact loose (sic lose?) significance in view of the directions issued by the Chief Administrator under Section 4 of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act' on 26.2.2002. The relevant extracts from the said notification would read as under: -

(3.) A perusal of the directions (Annexure P. 17) shows that the Zoning Plan for servant quarters in 2 kanal house in Phase -II Sectors of Chandigarh was allowed as in zoning in respect of houses in Phase -I Sectors. The zoning for the houses in Phase I was approved on 8.1.2001, which was published in the Chandigarh Administration Extraordinary Gazette on 22.1.2001. The relevant extracts from the Gazette read as under: -