On January 9, Justice B.R. Gavai apologised for the delay in pronouncing judgement in a plea against the rampant practise of converting single residential units into apartments in the city of Chandigarh, setting an example for the judiciary to follow. “Apologies for the delay in delivering the judgement.”
"We had to consider all provisions of the various acts and the rules promulgated under them," the division bench of Justices B.R. Gavai and M.M. Sundresh observed, explaining why the judgement was pronounced more than two months after it was reserved on November 3, 2022.
While enjoining the administration of the Union Territory from unilaterally allowing such a practise in Phase I of Chandigarh due to its environmental impact as well as the area's heritage status, Justice Gavai, speaking on behalf of the bench, also stated, “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 was also required, according to the judge, who urged the appropriate governmental organs to enact necessary provisions for conducting environmental impact assessments prior to permitting urban development.
Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors.
Citation: Special Leave Petition (Civil) No. 4950 of 2022
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