The Supreme Court on Tuesday asked the legislature, the executive, and the policy makers at the Centre as well as at the state levels to make necessary provisions for carry out Environmental Impact Assessment studies before permitting urban development.
"It is high time that the legislature, the executive and the policy makers at the Centre as well as at the state levels take note of the damage to the environment on account of haphazard developments and take a call to take necessary measures to ensure that the development does not damage the environment. It is necessary that a proper balance is struck between sustainable development and environmental protection," a bench of Justices B R Gavai and B V Nagarathna said.
The court made the appeal while holding that fragmentation, division, bifurcation, and apartmentalisation of a residential unit in Phase I of Chandigarh was prohibited under the rules.
In its 131-page judgment, the court pointed out the authorities of the Chandigarh administration are "blindly sanctioning" building plans, when from the building plans itself it is apparent that the same are in effect converting one dwelling unit into three apartments.
“Such a haphazard growth may adversely affect the heritage status of Phase I of Chandigarh which is sought to be inscribed as a UNESCO’s heritage city. It is further to be noted that though the Chandigarh Administration is permitting one dwelling unit to be converted into three apartments, its adverse effect on traffic has not been addressed," Justice Gavai wrote on behalf of the bench.
The bench noted that with the increase in number of dwelling units, a corresponding increase in the vehicles is bound to be there. However, without considering the said aspect, one dwelling unit is permitted to be converted into three apartments, it added.
The bench directed the Chandigarh Heritage Conservation Committee to consider the issue of redensification in Phase I of the city of Chandigarh.
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