Punjab and Haryana High Court Sets Conditions for Chandigarh Flyover Construction
The Punjab and Haryana High Court issued a significant ruling on Wednesday, lifting the stay on the construction of a flyover in Chandigarh's Industrial Area. However, the court imposed strict directives, requiring the Chandigarh administration to ensure full compliance with all environmental impact assessments and obtain all necessary permissions before any work begins. The project is anticipated to commence next month, pending these conditions.
Legal Challenges and Master Plan Violations
During the hearing, advocate Tanu Bedi, serving as amicus curiae, raised critical objections. She argued that the Chandigarh Master Plan-2031 explicitly discourages the construction of flyovers or over-bridges within city limits, and these provisions cannot be ignored. Bedi further contended that the subcommittee that approved the project lacked the jurisdictional authority to sanction such a major infrastructure initiative.
Ecological and Operational Concerns Highlighted
The amicus curiae emphasized that the project would lead to significant ecological damage, including the felling of fully grown trees. Additionally, it could disrupt operations at GMCH-32, a designated silence zone, potentially affecting patient care and hospital functions.
Administration's Defense and Environmental Measures
In response, senior standing counsel for the UT administration, Amit Jhanji, defended the project. He informed the court that a division bench of the high court had already cleared the project after thoroughly considering environmental concerns. Jhanji also detailed compensatory measures, noting that 2,799 saplings had been planted as part of a compensatory afforestation program at a 5:1 ratio for the trees slated for removal.
Traffic Congestion Justification
The UT administration justified the flyover as essential to alleviate severe traffic congestion. Commuters entering Chandigarh from Zirakpur and Delhi have been experiencing delays exceeding one hour, and the flyover is seen as a crucial solution to improve traffic flow and reduce commute times.
Assurances and Future Proceedings
Jhanji assured the court that all required environmental clearances and impact assessments would be completed before construction starts. The matter has been adjourned to Friday for further hearing, where additional arguments and updates are expected to be presented.
This ruling underscores the balance between infrastructure development and environmental protection, with the high court emphasizing adherence to legal and ecological standards to mitigate potential harms.
