LAWS(P&H)-1998-10-11

MADAN SINGH Vs. UNION TERRITORY

Decided On October 29, 1998
MADAN SINGH Appellant
V/S
UNION TERRITORY Respondents

JUDGEMENT

(1.) Soon after the partition of the country in the year 1947, it was considered imperative to create a model capital city for the then State of East Punjab. This task was entrusted to the famous 'Architect Monsieur Le Carbousier'. Simultaneously, legislative measures were taken for giving statutory protection to the planning of the new capital for the State which has acquired world fame as 'city beautiful' and with a view to regulate the sale of building sites as well as the construction of buildings, Capital of Punjab (Development and Regulation) Act, 1952, (for short 'the Act') was enacted. Simultaneously, supplementary legislation in the shape of the Punjab New Capital (Periphery) Control Act, 1952 (for short 'the Periphery Act') was enacted. The statement of objects and reasons contained in the Bills presented to the Assembly for enactment of the Act and the Periphery Act reads as under:-

(2.) The concept of plan development of the city of Chandigarh is unequivocally reflected in the provisions of the Act and the rules and regulations framed thereunder. The multitude of restrictions imposed on the transfer of land and buildings allotted by the Central Government/Chandigarh Administration, on the nature of construction which can be made on the sites allotted/sold to the members of public and several punitive measures incorporated in the Act and the rules are a clear pointer to the intention of the Legislature to preserve the character of the city beautiful as a model city in the country.

(3.) The plans prepared under the supervision of Le Carbousier envisaged division of city into different independent and self-sufficient sectors. This is the reason why all the sectors except Sector Nos.1 to 6 have market centres and various public facilities at a central place. With a view to preserve the character of the various sites and buildings and to make available public utility services in each sector, the Legislature and the rule making authority have imposed rigorous restrictions on the size of building etc. to be constructed on commercial plots and use thereof. Simultaneously, provisions restricting the use of premises for purposes other than for which the same were allotted have rigorously been enforced, though the late, there has been slackness on the part of the respondents resulting in suffocation of market places.