CWP-PIL-187- IN THE HIGH COURT OF PUNJAB AND HARYANA Jagwant Singh Bath and others Union of India Whether any operative part of the judgment is pronounced or the full judgment is pronounced : CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. of this Court under Article 226 read with Article 227 of the Constitution of India essentially assails the decision of respondents No.3 and 4, to undertake -2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Jagwant Singh Bath and others Versus Union of India and others Whether any operative part of the judgment is pronounced or the full judgment is pronounced : CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Ms. Tanu Bedi, Advocate (arguing counsel) with Mr. Balvinder Sangwan and Mr. Krishna Maurya, Advocates, for the petitioners. Mr. Amit Jhanji, Senior Advocate/Senior Standing Counsel, U.T. Chandigarh (arguing counsel) with Ms. Shubreet Kaur Saron, Addl. Standing Counsel, and Dr. Eliza Gupta, Advocate, for respondent – U.T. Chandigarh. Mr. Dheeraj Jain, Senior Advocate/Senior Panel Counsel (arguing counsel) with Mr. Himanshu Bindal, Advocate, for respondent – UOI. **** SHEEL NAGU, CHIEF JUSTICE This petition invoking the writ as well as supervisory jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India essentially assails the decision of respondents No.3 and 4, to undertake -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-PIL-187-2024 ( O&M ) Reserved on : 13.05.2026 Pronounced on : 29.05.2026 Uploaded on : 29.05.2026 …….Petitioner ...….Respondents Whether any operative part of the judgment is pronounced or the full judgment is pronounced : full judgment CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY s. Tanu Bedi, Advocate (arguing counsel) with Mr. Balvinder Sangwan and Mr. Krishna Maurya, Advocates, Mr. Amit Jhanji, Senior Advocate/Senior Standing Counsel, arh (arguing counsel) with Ms. Shubreet Kaur Saron, Addl. Standing Counsel, and U.T. Chandigarh. Mr. Dheeraj Jain, Senior Advocate/Senior Panel Counsel ocate, This petition invoking the writ as well as supervisory jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India essentially assails the decision of respondents No.3 and 4, to undertake 2024 ( O&M ) .05.2026 .05.2026 .05.2026 …….Petitioners ...….Respondents This petition invoking the writ as well as supervisory jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India essentially assails the decision of respondents No.3 and 4, to undertake NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- the exercise of construction of Rotary and Underpass at Tribune Chowk on NH 05 Union Territory, Chandigarh, or any other place in Chandigarh. 1.1 construction of Flyover is in direct violation of Chandigarh Master Plan 2031 (for brevity, ‘CMP 1.2 order on 13.05.2026. During the closure of arguments, learned counsel petitioners prayed for interim relief to the extent of staying the cutting of trees for the purpose of construction of Flyover. Accordingly, this Court on 15.05.2026 restrained the respondents from felling or lopping any mango tree or any other tr to subsist till date. 2. to the maintainability of this petition by invoking doctrine of Court deems it a 2.1 delineates the factual matrix in chronological manner as follows : Date 26.03.2019 -2024 the exercise of construction of signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 Union Territory, Chandigarh, or any other place in Chandigarh. The ground taken in support of the said challenge is that the ion of Flyover is in direct violation of Chandigarh Master Plan 2031 (for brevity, ‘CMP - 2031’) (Annexure P Pertinently, this case was heard and reserved for passing a final order on 13.05.2026. During the closure of arguments, learned counsel petitioners prayed for interim relief to the extent of staying the cutting of trees for the purpose of construction of Flyover. Accordingly, this Court on 15.05.2026 restrained the respondents from felling or lopping any mango tree or any other tree in the vicinity of the Tribune Chowk, which interim continues to subsist till date. Since respondents No.3 to 5 have taken a preliminary objection as maintainability of this petition by invoking doctrine of Court deems it appropriate to deal with the said objection at the very outset. To adjudicate the aforesaid preliminary objection, this Court delineates the factual matrix in chronological manner as follows : Date Event 26.03.2019 CWP-PIL-60-2019, titled “The Run Club through its Authorized Signatory Vs. Chandigarh Administration UT Chandigarh and others”, management of solid waste in terms of Solid Waste Management Rules, 2016, qua waste dumping yard Dadu Majra; and also seeking ban on plastic bags and burning of dry/fallen leaves -2- signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on Dakshin Marg within Union Territory, Chandigarh, or any other place in Chandigarh. The ground taken in support of the said challenge is that the ion of Flyover is in direct violation of Chandigarh Master Plan 2031’) (Annexure P-29). Pertinently, this case was heard and reserved for passing a final order on 13.05.2026. During the closure of arguments, learned counsel for the petitioners prayed for interim relief to the extent of staying the cutting of trees for the purpose of construction of Flyover. Accordingly, this Court on 15.05.2026 restrained the respondents from felling or lopping any mango tree ee in the vicinity of the Tribune Chowk, which interim continues Since respondents No.3 to 5 have taken a preliminary objection as maintainability of this petition by invoking doctrine of res judicata, this ppropriate to deal with the said objection at the very outset. To adjudicate the aforesaid preliminary objection, this Court delineates the factual matrix in chronological manner as follows :- Event 2019, titled “The Run Club through its Authorized Signatory Vs. Chandigarh Administration UT Chandigarh and others”, was filed, raising the issue of management of solid waste in terms of Solid Waste Management Rules, 2016, qua waste dumping yard Dadu Majra; and also seeking ban on plastic bags and burning of dry/fallen leaves and burning of garbage. signal free corridor in the shape of Flyover, on Dakshin Marg within The ground taken in support of the said challenge is that the ion of Flyover is in direct violation of Chandigarh Master Plan – Pertinently, this case was heard and reserved for passing a final for the petitioners prayed for interim relief to the extent of staying the cutting of trees for the purpose of construction of Flyover. Accordingly, this Court on 15.05.2026 restrained the respondents from felling or lopping any mango tree ee in the vicinity of the Tribune Chowk, which interim continues Since respondents No.3 to 5 have taken a preliminary objection as , this ppropriate to deal with the said objection at the very outset. To adjudicate the aforesaid preliminary objection, this Court 2019, titled “The Run Club through its Authorized Signatory Vs. Chandigarh Administration UT filed, raising the issue of management of solid waste in terms of Solid Waste Management Rules, 2016, qua waste dumping yard at Dadu Majra; and also seeking ban on plastic bags and NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 20.11.2019 28.11.2019 02.12.2019 23.12.2019 (Annexure P 06.02.2020 (Annexure P 10.09.2020 (Annexure P -2024 20.11.2019 In CWP-PIL-60-2019, bringing to the notice of the Court that 472 trees were being axed and 43 were being re of proposed Flyover at Tribune Chowk. This impelled the Co-ordinate Bench to stay cutting of trees for construction of Flyover at Tribune Chowk until further orders. 28.11.2019 CWP-PIL-248-2019 was filed by the present petitioner challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. 02.12.2019 Learned counsel for the petitioners sought permission to withdraw CWP-PIL-248 respondent authorities, in by this Court vide order dated 20.11.2019 passed in CM 81-CWPIL-2019 in CWP were to look into the grievance of the petitioners in terms of the order dated 20.11.2019 passed by this Court. Accordingly, CWP-PIL withdrawn with liberty to the petitioners to take up fresh proceedings in case cause of action survives or arises. 23.12.2019 The petitioners submitted representation pursuant to (Annexure P-17) interlocutory order dated 20.11.2019 passed in CM CWPIL-2019 in CWP hearing, to oppose the construction of 06.02.2020 A detailed representation was made by the petitioners to (Annexure P-18) Advisor to the Administrator, UT Chandigarh, emphasizing that construction of Flyover is against the principles behind CMP 10.09.2020 COCP-1620-2020, titled as “Chandra Prakash and another (Annexure P-19) Vs. Manoj Parida and others” by non-execution of the interlocutory order 20.11.2019 passed in CM as withdrawn, since the meeting, contemplated in order dated 20.11.2019, was scheduled for 10.09.2020 itself, -3- 2019, CM-81-CWPIL-2019 was filed, bringing to the notice of the Court that 472 trees were being axed and 43 were being re-located for construction of proposed Flyover at Tribune Chowk. This impelled the stay cutting of trees for construction of Flyover at Tribune Chowk until further orders. 2019 was filed by the present petitioner challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. Learned counsel for the petitioners sought permission to 248-2019 with liberty to approach the respondent authorities, including a Committee constituted by this Court vide order dated 20.11.2019 passed in CM 2019 in CWP-PIL-60-2019. The respondents were to look into the grievance of the petitioners in terms of the order dated 20.11.2019 passed by this Court. PIL-248-2019 was dismissed as withdrawn with liberty to the petitioners to take up fresh proceedings in case cause of action survives or arises. The petitioners submitted representation pursuant to interlocutory order dated 20.11.2019 passed in CM 2019 in CWP-PIL-60-2019, for affording them the construction of proposed Flyover. A detailed representation was made by the petitioners to to the Administrator, UT Chandigarh, emphasizing that construction of Flyover is against the principles behind CMP – 2031. 2020, titled as “Chandra Prakash and another Vs. Manoj Parida and others”, filed by persons aggrieved execution of the interlocutory order dated 20.11.2019 passed in CM-81-CWPIL-2019 was dismissed as withdrawn, since the meeting, contemplated in order dated 20.11.2019, was scheduled for 10.09.2020 itself, 2019 was filed, bringing to the notice of the Court that 472 trees were located for construction of proposed Flyover at Tribune Chowk. This impelled the stay cutting of trees for construction 2019 was filed by the present petitioners, challenging Notice Inviting Tenders for construction of Learned counsel for the petitioners sought permission to 2019 with liberty to approach the cluding a Committee constituted by this Court vide order dated 20.11.2019 passed in CM- The respondents were to look into the grievance of the petitioners in terms of the order dated 20.11.2019 passed by this Court. 2019 was dismissed as withdrawn with liberty to the petitioners to take up fresh The petitioners submitted representation pursuant to interlocutory order dated 20.11.2019 passed in CM-81- them Flyover. A detailed representation was made by the petitioners to to the Administrator, UT Chandigarh, emphasizing that construction of Flyover is against the 2020, titled as “Chandra Prakash and another grieved dated 2019 was dismissed as withdrawn, since the meeting, contemplated in order dated 20.11.2019, was scheduled for 10.09.2020 itself, for NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- September, 2020 (Annexure P 10.09.2020 (Annexure P Annexure P 28.12.2020 (Annexure P -2024 affording opportunity of hearing COCP-1620-2020. September, 2020 The petitioners were constrained to represent to the (Annexure P-20) Superintending Engineer, Construction Circle Administration, seeking written response to their representation dated 06.02.2020. .2020 Minutes of Meeting presided over by the Chief Engineer (Annexure P-21) -cum-Special Secretary Engineer, UT Administration, was held, wherein the petitioners were present and objected to the proposed Flyover at Tribune Chowk. objections of the petitioners were rejected on the sole ground of dire need of de Tribune Chowk. Annexure P-22 Three representations were made objecting to the unlawful rejection of the petitioners’ genuine requ proposed construction of Flyover. 28.12.2020 The Chief Architect, (Annexure P-24) Chandigarh Administration, wrote to the Chief Engineer cum-Special Secretary (Engg.), UT Chandigarh, that CMP – 2031 does not approve construction of bridges/flyovers in the entire city of Chandigarh due to heritage considerations, since they impact the visual city space, and cause inconvenience to the Not (NMV) and pedestrians. In this background, the Department of Urban Planning refuted that any such proposal or its concurrence was sought and, therefore, none was conveyed. Thus, request was made for correcting the memo dated 25.04.2020 and 14.05.2019 of the office of Chief Architect, Department of Urba Planning, Chandigarh Administration. The Chief Architect, Department of Urban Planning, Chandigarh Administration objected to the concurrence of the Department of Urban Planning in meeting -4- affording opportunity of hearing to the petitioners in The petitioners were constrained to represent to the Superintending Engineer, Construction Circle – II, UT Administration, seeking written response to their dated 06.02.2020. Minutes of Meeting presided over by the Chief Engineer ry Engineer, UT Administration, was wherein the petitioners were present and objected to the proposed Flyover at Tribune Chowk. However, the objections of the petitioners were rejected on the sole ground of dire need of de-congestion of traffic issue at Three representations were made objecting to the unlawful rejection of the petitioners’ genuine request against the proposed construction of Flyover. Department of Urban Planning, Chandigarh Administration, wrote to the Chief Engineer Special Secretary (Engg.), UT Chandigarh, that CMP oes not approve construction of bridges/flyovers in the entire city of Chandigarh due to heritage considerations, since they impact the visual city space, and cause inconvenience to the Not Motorized Vehicles (NMV) and pedestrians. In this background, the Department of Urban Planning refuted that any such proposal or its concurrence was sought and, therefore, none was conveyed. Thus, request was made for correcting the memo dated 25.04.2020 and 14.05.2019 of the office of Chief Architect, Department of Urba Planning, Chandigarh Administration. The Chief Architect, Department of Urban Planning, Administration objected to the concurrence of the Department of Urban Planning in meeting dated to the petitioners in The petitioners were constrained to represent to the II, UT Administration, seeking written response to their Minutes of Meeting presided over by the Chief Engineer- ry Engineer, UT Administration, was wherein the petitioners were present and objected to However, the objections of the petitioners were rejected on the sole congestion of traffic issue at Three representations were made objecting to the unlawful est against the Planning, Chandigarh Administration, wrote to the Chief Engineer- Special Secretary (Engg.), UT Chandigarh, that CMP oes not approve construction of bridges/flyovers in the entire city of Chandigarh due to heritage considerations, since they impact the visual city space, and Vehicles (NMV) and pedestrians. In this background, the Department of Urban Planning refuted that any such proposal or its concurrence was sought and, therefore, none was conveyed. Thus, request was made for correcting the memo dated 25.04.2020 and 14.05.2019 of the office of Chief Architect, Department of Urban The Chief Architect, Department of Urban Planning, Administration objected to the concurrence of dated NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 30.04.2024 12.08.2024 14.10.2024 02.12.2024 -2024 10.09.2020, which mentioned “As such there is no violation of Master Plan and also appropriate action will be initiated by the Deptt. of Urban Planning for making necessary amendments in the Master Plan, if necessary”. In this view of the matter, the Department of Urban Planning apprised the Chief Engineer Secretary (Engg.) Chandigarh Administration to correct the said minutes of meeting, as no such formal approval/concurrence was conveyed for the proposed construction of Flyover. In sum and substance, the Urban Planning Department of U.T. Administration was not Engineering Department before deciding to construct Flyover. 30.04.2024 Stay granted on 20.11.2019 in CWP vacated by the Co-ordinate Bench. 12.08.2024 Present petition (CWP for issuing direction to signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05, violation of CMP - 203 prayers. 14.10.2024 When CWP-PIL-60-2019 was taken up along with CWP 13932-2016, titled “Dipti Singh Vs. UT of Chandigarh Administration and others”, this Court noticed that the interim order passed on 20.112019 was vacate ordinate Bench on 30.04.2024. Thereafter, this Court directed the UT Administration to proceed with construction of flyover expeditiously. 02.12.2024 CWP-PIL-60-2019 was disposed of for want of prosecution, as submitted by learned counsel for th petitioner therein and while disposing of the petition, this Court observed that the interlocutory order passed on -5- 10.09.2020, which mentioned “As such there is no of Master Plan and also appropriate action will be initiated by the Deptt. of Urban Planning for making necessary amendments in the Master Plan, if necessary”. In this view of the matter, the Department of Urban Planning apprised the Chief Engineer-cum-Special Secretary (Engg.) Chandigarh Administration to correct the said minutes of meeting, as no such formal approval/concurrence was conveyed for the proposed construction of Flyover. In sum and substance, the Urban Planning Department of U.T. Administration was not even consulted by Engineering Department before deciding to construct Stay granted on 20.11.2019 in CWP-PIL-60-2019 was ordinate Bench. ent petition (CWP-PIL-187-2024) was filed, praying to UT Administration not to construct signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05, for being 2031, besides seeking some ancillary 2019 was taken up along with CWP 2016, titled “Dipti Singh Vs. UT of Chandigarh Administration and others”, this Court noticed that the interim order passed on 20.112019 was vacated by a Co ordinate Bench on 30.04.2024. Thereafter, this Court directed the UT Administration to proceed with construction of flyover expeditiously. 2019 was disposed of for want of prosecution, as submitted by learned counsel for th and while disposing of the petition, this Court observed that the interlocutory order passed on 10.09.2020, which mentioned “As such there is no of Master Plan and also appropriate action will be initiated by the Deptt. of Urban Planning for making necessary amendments in the Master Plan, if necessary”. In this view of the matter, the Department of Urban ecial Secretary (Engg.) Chandigarh Administration to correct the said minutes of meeting, as no such formal approval/concurrence was conveyed for the proposed In sum and substance, the Urban Planning Department of even consulted by Engineering Department before deciding to construct 2019 was 2024) was filed, praying to construct signal free corridor in the shape of Flyover, Rotary and for being in 1, besides seeking some ancillary 2019 was taken up along with CWP- 2016, titled “Dipti Singh Vs. UT of Chandigarh Administration and others”, this Court noticed that the d by a Co- ordinate Bench on 30.04.2024. Thereafter, this Court directed the UT Administration to proceed with 2019 was disposed of for want of prosecution, as submitted by learned counsel for the and while disposing of the petition, this Court observed that the interlocutory order passed on NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 3. chronological order, it is obvious that the first petition, i.e. CWP was filed essentially raising the issue of Management Rules, 2016, aggrieved by creation of waste dumping yard at Dadu Majra; and seeking ban on plastic bags and burning of dry/fallen leaves and burning of garbage in Chandigarh. While CWP CM-81-CWPIL trees were proposed to be axed and 43 to be re Flyover at Tribune Chowk. This led to the petitioners filing CWP 2019 on 28.11.2 Flyover, Rotary and Underpass at Tribune Chowk. However, since on 20.11.2019, by way of interlocutory order passed in CM Court directed the respondents to afford an opportunit petitioners before the Committee of proposed construction of Flyover, Rotary and Underpass at Tribune Chowk, the petitioners in take up fresh proceedings in case cause of action survives or arises. Thereafter, the stay of cutting of trees for construction of Flyover at Tribune Chowk granted on 20.11.2019 was vacated on 30.04.2024. In the meanwhile, on 12.08.2024, present PIL (CWP order on the UT Administration to construct signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on the ground of -2024 14.10.2024 (permitting the Chandigarh Administration to proceed with construction of flyover) pale insignificance, meaning thereby th became otiose, rendering it ineffective. Thus, from the aforesaid factual matrix, chronological order, it is obvious that the first petition, i.e. CWP was filed essentially raising the issue of Management Rules, 2016, aggrieved by creation of waste dumping yard at Dadu Majra; and seeking ban on plastic bags and burning of dry/fallen leaves and burning of garbage in Chandigarh. While CWP CWPIL-2019 was filed bringing to the notice of the Court that 472 trees were proposed to be axed and 43 to be re Flyover at Tribune Chowk. This led to the petitioners filing CWP 2019 on 28.11.2019, challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. However, since on 20.11.2019, by way of interlocutory order passed in CM Court directed the respondents to afford an opportunit petitioners before the Committee to look into the objections raised in respect of proposed construction of Flyover, Rotary and Underpass at Tribune Chowk, the petitioners in CWP-PIL-248-2019 withdrew the petition e up fresh proceedings in case cause of action survives or arises. Thereafter, the stay of cutting of trees for construction of Flyover at Tribune Chowk granted on 20.11.2019 was vacated on 30.04.2024. In the meanwhile, on 12.08.2024, present PIL (CWP-PIL-187-2024) was filed praying for a restraint order on the UT Administration to construct signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on the ground of -6- 14.10.2024 (permitting the Chandigarh Administration to proceed with construction of flyover) pales insignificance, meaning thereby that the said direction became otiose, rendering it ineffective. Thus, from the aforesaid factual matrix, which is detailed in chronological order, it is obvious that the first petition, i.e. CWP-PIL-60-2019 was filed essentially raising the issue of non-compliance of Solid Waste Management Rules, 2016, aggrieved by creation of waste dumping yard at Dadu Majra; and seeking ban on plastic bags and burning of dry/fallen leaves and burning of garbage in Chandigarh. While CWP-PIL-60-2019 was pending, 2019 was filed bringing to the notice of the Court that 472 trees were proposed to be axed and 43 to be re-located for construction of Flyover at Tribune Chowk. This led to the petitioners filing CWP-PIL-248 019, challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. However, since on 20.11.2019, by way of interlocutory order passed in CM-81-CWPIL-2019, this Court directed the respondents to afford an opportunity of being heard to the into the objections raised in respect of proposed construction of Flyover, Rotary and Underpass at Tribune Chowk, withdrew the petition with liberty to e up fresh proceedings in case cause of action survives or arises. Thereafter, the stay of cutting of trees for construction of Flyover at Tribune Chowk granted on 20.11.2019 was vacated on 30.04.2024. In the meanwhile, on 2024) was filed praying for a restraint order on the UT Administration to construct signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on the ground of 14.10.2024 (permitting the Chandigarh Administration to into at the said direction which is detailed in 2019 compliance of Solid Waste Management Rules, 2016, aggrieved by creation of waste dumping yard at Dadu Majra; and seeking ban on plastic bags and burning of dry/fallen leaves 2019 was pending, 2019 was filed bringing to the notice of the Court that 472 located for construction of 248- 019, challenging Notice Inviting Tenders for construction of Flyover, Rotary and Underpass at Tribune Chowk. However, since on 2019, this y of being heard to the into the objections raised in respect of proposed construction of Flyover, Rotary and Underpass at Tribune Chowk, with liberty to e up fresh proceedings in case cause of action survives or arises. Thereafter, the stay of cutting of trees for construction of Flyover at Tribune Chowk granted on 20.11.2019 was vacated on 30.04.2024. In the meanwhile, on 2024) was filed praying for a restraint order on the UT Administration to construct signal free corridor in the shape of Flyover, Rotary and Underpass at Tribune Chowk on NH 05 on the ground of NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- the same being in violation of CMP 60-2019 was disposed of for want of prosecution, as learned counsel for the petitioners pleaded no instructions interlocutory Administration to proceed with c insignificance inoperative. 3.1 pending on the subject matter of challenge to construction of Flyo Tribune Chowk. In the given facts and circumstances, we do not see any obstacle in adjudicating the cause raised in this PIL on merits, especially when the issue of construction of Flyover at Tribune Chowk was never adjudicated in any earlier litiga which was ultimately withdrawn on 02.12.2024, the interim order of restraining cutting of trees for construction of Flyover at Tribune Chowk which was vacated on 30.04.2024 interlocutory in nature, having any precedential value the path of this Court to finally adjudicate the 4. CM-81-CWPIL and 43 being re Flyover. A few days thereafter, CWP cause against the Notice Inviting Tenders for construct Tribune Chowk. Since an interlocutory order had been passed in CWP 60-2019 on 20.11.2019, -2024 being in violation of CMP – 2031. Lastly, on 02.1 2019 was disposed of for want of prosecution, as learned counsel for the petitioners pleaded no instructions and this Court observed interlocutory order dated 14.10.2024 permitting the Chandigarh Administration to proceed with construction of Flyover pales into insignificance. Meaning thereby, that the same became ineffective and inoperative. As such, as on today, except the instant pending on the subject matter of challenge to construction of Flyo Tribune Chowk. In the given facts and circumstances, we do not see any obstacle in adjudicating the cause raised in this PIL on merits, especially when the issue of construction of Flyover at Tribune Chowk was never adjudicated in any earlier litigation. It is pertinent to point out that in CWP which was ultimately withdrawn on 02.12.2024, the interim order of restraining cutting of trees for construction of Flyover at Tribune Chowk was vacated on 30.04.2024, was though passed, but interlocutory in nature, having any precedential value the path of this Court to finally adjudicate the The aforesaid factual matrix reveals that in CWP CWPIL-2019 was filed raising the pubic cause of 472 trees being axed and 43 being re-located, without challenging the decision of construction of Flyover. A few days thereafter, CWP-PIL248 cause against the Notice Inviting Tenders for construct Tribune Chowk. Since an interlocutory order had been passed in CWP 2019 on 20.11.2019, whereby the respondents were directed to look into -7- 2031. Lastly, on 02.12.2024, CWP-PIL 2019 was disposed of for want of prosecution, as learned counsel for the and this Court observed that the order dated 14.10.2024 permitting the Chandigarh onstruction of Flyover pales into that the same became ineffective and except the instant PIL, no other petition pending on the subject matter of challenge to construction of Flyover at Tribune Chowk. In the given facts and circumstances, we do not see any obstacle in adjudicating the cause raised in this PIL on merits, especially when the issue of construction of Flyover at Tribune Chowk was never adjudicated tion. It is pertinent to point out that in CWP-PIL-60-2019, which was ultimately withdrawn on 02.12.2024, the interim order of restraining cutting of trees for construction of Flyover at Tribune Chowk , was though passed, but the same remain interlocutory in nature, having any precedential value and thus not blocking the path of this Court to finally adjudicate the issue on merits. The aforesaid factual matrix reveals that in CWP-PIL-60-2019, aising the pubic cause of 472 trees being axed located, without challenging the decision of construction of PIL248-2019 was filed raising the public cause against the Notice Inviting Tenders for construction of Flyover at Tribune Chowk. Since an interlocutory order had been passed in CWP-PIL whereby the respondents were directed to look into PIL- 2019 was disposed of for want of prosecution, as learned counsel for the that the order dated 14.10.2024 permitting the Chandigarh onstruction of Flyover pales into that the same became ineffective and , no other petition is ver at Tribune Chowk. In the given facts and circumstances, we do not see any obstacle in adjudicating the cause raised in this PIL on merits, especially when the issue of construction of Flyover at Tribune Chowk was never adjudicated 2019, which was ultimately withdrawn on 02.12.2024, the interim order of restraining cutting of trees for construction of Flyover at Tribune Chowk remained blocking 2019, aising the pubic cause of 472 trees being axed located, without challenging the decision of construction of 2019 was filed raising the public ion of Flyover at PIL- whereby the respondents were directed to look into NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- the grievance of the petitioner, the petitioners withdrew CWP on 02.12.2019 with survives. Thereafter, representations were made to the respondents, in which hearing was afforded to petitioners in the present petition but to no avail. Subsequently, the stay order granted on vacated on 30.04.2024 by the Co judicata does 4.1 respondent, is 5. present case, is that 2031. So far as challenge to the Underpass is concerned, the same stands repelled in view of CMP junctions all over Chandigarh challenge to the Flyover proposed to be constructed Dakshin Marg. 6. under :- Tracking the historical background of Chandigarh 6.1 architect Mathew Nowicki prepared the original Master Plan for the city of Chandigarh in March, 1948 the circulation pattern punctured by green belts. However, due to sudden demise of architec by Le Corbusier -2024 the grievance of the petitioner, the petitioners withdrew CWP on 02.12.2019 with liberty to take up fresh proceedings in case cause of action survives. Thereafter, representations were made to the respondents, in which hearing was afforded to petitioners in the present petition but to no avail. Subsequently, the stay order granted on 20.11.2019 in CWP vacated on 30.04.2024 by the Co-ordinate Bench. Thus, the obstacle of does not come in way of the petitioners. Thus, objection as to maintainability of this petition, raised by the respondent, is rejected. The only ground, which appears to be worth adjudicating in the present case, is that of construction of Flyover, being i 2031. So far as challenge to the Underpass is concerned, the same stands repelled in view of CMP - 2031 permitting Underpasses at the round all over Chandigarh. Thus, we proceed to decide the aforesaid challenge to the Flyover proposed to be constructed Dakshin Marg. A brief history of CMP – 2031 is required to be d Tracking the historical background of Chandigarh A team of architects led by American Planner Albert Mayer and architect Mathew Nowicki prepared the original Master Plan for the city of Chandigarh in March, 1948, which was fan shaped. Curvilinear roads defined the circulation pattern punctured by green belts. However, due to sudden demise of architect Mathew Nowicki in air crash, second team of architects led by Le Corbusier (also called Charles Edouard Jeanneret), Pier -8- the grievance of the petitioner, the petitioners withdrew CWP-PIL-248-2019 liberty to take up fresh proceedings in case cause of action survives. Thereafter, representations were made to the respondents, in which hearing was afforded to petitioners in the present petition but to no avail. 20.11.2019 in CWP-PIL-60-2019 was ordinate Bench. Thus, the obstacle of not come in way of the petitioners. Thus, objection as to maintainability of this petition, raised by the The only ground, which appears to be worth adjudicating in the construction of Flyover, being in violation of CMP 2031. So far as challenge to the Underpass is concerned, the same stands 31 permitting Underpasses at the round-about . Thus, we proceed to decide the aforesaid challenge to the Flyover proposed to be constructed at Tribune Chowk 2031 is required to be delineated as Tracking the historical background of Chandigarh A team of architects led by American Planner Albert Mayer and architect Mathew Nowicki prepared the original Master Plan for the city of was fan shaped. Curvilinear roads defined the circulation pattern punctured by green belts. However, due to sudden Mathew Nowicki in air crash, second team of architects led (also called Charles Edouard Jeanneret), Pierre Jeanneret, 2019 liberty to take up fresh proceedings in case cause of action survives. Thereafter, representations were made to the respondents, in which hearing was afforded to petitioners in the present petition but to no avail. 2019 was ordinate Bench. Thus, the obstacle of res Thus, objection as to maintainability of this petition, raised by the The only ground, which appears to be worth adjudicating in the n violation of CMP - 2031. So far as challenge to the Underpass is concerned, the same stands about . Thus, we proceed to decide the aforesaid Tribune Chowk on elineated as A team of architects led by American Planner Albert Mayer and architect Mathew Nowicki prepared the original Master Plan for the city of was fan shaped. Curvilinear roads defined the circulation pattern punctured by green belts. However, due to sudden Mathew Nowicki in air crash, second team of architects led re Jeanneret, NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- Jane B Drew and Maxell Fry took over. Le Corbusier designed of Chandigarh, fulfilling not just a utopian agenda, but reflecting concepts of ‘modernism’ concept abo head, lungs, heart and limbs, representing site, climate, culture and tradition. The original plan was divided into a grid of 30 Sectors with the Capitol Complex as well as the Civi designed for two from Sector 31 to 47 was targeted for 3,50,000 with 4 ratio of smaller plots/lesser open areas/nearly four times in density. 6.2 Chandigarh through the Periphery Control Act, 1952, was created with the object of preventing unregulated development around the 1962, with the establishment of Army Cantonment, Air Force Station township of Hindustan Machine Tools (HMT) radius was extended from 8 km of Punjab took place, which was divided into the present State of Punjab and State of Haryana, with Union Territory of Chandigarh was created in 70 square km as Capital City with 26 adjoining villages in 44 square km. periphery, 1021 square km of the Periphery Control Area square km to Haryana and remaining area of 114 square km forming the UT of Chandigarh with the Capital City for all its present and future needs. -2024 Jane B Drew and Maxell Fry took over. Le Corbusier designed of Chandigarh, fulfilling not just a utopian agenda, but reflecting concepts of ‘modernism’, the movement that arose in Europe but took root in India. concept about city of Chandigarh was reflected in head, lungs, heart and limbs, representing site, climate, culture and tradition. The original plan was divided into a grid of 30 Sectors with the Capitol Complex as well as the Civic Centre its designed for a population of 1,50,000 in low rise plotted development. Phase two from Sector 31 to 47 was targeted for with 4-storeyed apartments for government employees and increase ratio of smaller plots/lesser open areas/nearly four times in density. In 1952, an 8 km radius agricultural belt in the periphery of Chandigarh through the Periphery Control Act, 1952, was created with the object of preventing unregulated development around the 1962, with the establishment of Army Cantonment, Air Force Station township of Hindustan Machine Tools (HMT) radius was extended from 8 km to 16 km. In 1966, reorganisation of the State of Punjab took place, which was divided into the present State of Punjab and State of Haryana, with Chandigarh as the Capital of both the States. Thus, Union Territory of Chandigarh was created in 70 square km as Capital City with 26 adjoining villages in 44 square km. periphery, 1021 square km of the Periphery Control Area square km to Haryana and remaining area of 114 square km forming the UT of Chandigarh with the Capital City for all its present and future needs. -9- Jane B Drew and Maxell Fry took over. Le Corbusier designed the iconic city of Chandigarh, fulfilling not just a utopian agenda, but reflecting concepts of movement that arose in Europe but took root in India. reflected in human form, comprising head, lungs, heart and limbs, representing site, climate, culture and tradition. The original plan was divided into a grid of 30 Sectors with the Capitol Centre its focal points. The first phase was 1,50,000 in low rise plotted development. Phase two from Sector 31 to 47 was targeted for accommodating a population of storeyed apartments for government employees and increase ratio of smaller plots/lesser open areas/nearly four times in density. radius agricultural belt in the periphery of Chandigarh through the Periphery Control Act, 1952, was created with the object of preventing unregulated development around the Master Plan. In 1962, with the establishment of Army Cantonment, Air Force Station and the township of Hindustan Machine Tools (HMT), the Periphery Control Area to 16 km. In 1966, reorganisation of the State of Punjab took place, which was divided into the present State of Punjab and Chandigarh as the Capital of both the States. Thus, Union Territory of Chandigarh was created in 70 square km as Capital City with 26 adjoining villages in 44 square km. Out of 1315 square km extended periphery, 1021 square km of the Periphery Control Area went to Punjab, 295 square km to Haryana and remaining area of 114 square km forming the UT of Chandigarh with the Capital City for all its present and future needs. iconic city of Chandigarh, fulfilling not just a utopian agenda, but reflecting concepts of His human form, comprising head, lungs, heart and limbs, representing site, climate, culture and tradition. The original plan was divided into a grid of 30 Sectors with the Capitol focal points. The first phase was 1,50,000 in low rise plotted development. Phase accommodating a population of storeyed apartments for government employees and increased radius agricultural belt in the periphery of Chandigarh through the Periphery Control Act, 1952, was created with the lan. In and the , the Periphery Control Area to 16 km. In 1966, reorganisation of the State of Punjab took place, which was divided into the present State of Punjab and Chandigarh as the Capital of both the States. Thus, Union Territory of Chandigarh was created in 70 square km as Capital City Out of 1315 square km extended went to Punjab, 295 square km to Haryana and remaining area of 114 square km forming the UT of NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 6.3 square km, Chan 6.4 and Panchkula townships development process, 6.5 constituted by the Government of India pertaining to development around Chandigarh and compromising the original intent of the Chandigarh Plan 6.6 namely Chandigarh Urban Complex (CUC), was prepared, covering 330 square km. It comprised of Chandigarh U.T., parts of 27 villages a 6.7 Development Zone’. preparation of a new 25 lakhs distributed in seven categories of settlements. The Plan revived the 16 km belt of the periphery, assigned 50% population to Chandigarh UT and the remaining to the periphery areas in Punjab and Harya 6.8 prepared, which enlarged the territory of the Plan to 50 km radius periphery control area incorporating Chandigarh UT and ten Tehsils from Punjab, Haryana and Himachal Pradesh. Pertinen Plan. -2024 From the aforesaid, it is obvious that out of the total area of 1315 square km, Chandigarh city got just 3% of the land of original periphery Post 1966, townships of Mohali of Punjab covering 5500 acres and Panchkula in Haryana covering 5000 acres were established. These townships resulted in pressures exerted by unrestricted and u development process, followed by unregulated growth. In 1975, a high powered constituted by the Government of India pertaining to development around Chandigarh and compromising the original intent of the Chandigarh Plan In 1977, Regional Plan for Chandigarh’s immediate region, namely Chandigarh Urban Complex (CUC), was prepared, covering 330 square km. It comprised of Chandigarh U.T., parts of 27 villages as well as parts of Panchkula and The CUC Plan declared the north of the Capitol Complex as Development Zone’. In 1984, the CUC Plan was reviewed, resulting into preparation of a new Interstate Regional Plan 2001 to cater to a population of 25 lakhs distributed in seven categories of settlements. The Plan revived the 16 km belt of the periphery, assigned 50% population to Chandigarh UT and the remaining to the periphery areas in Punjab and Harya In 1999, Chandigarh Interstate Metropolitan Regional Plan was prepared, which enlarged the territory of the Plan to 50 km radius periphery control area incorporating Chandigarh UT and ten Tehsils from Punjab, Haryana and Himachal Pradesh. Pertinently, no approval was accorded to this -10- From the aforesaid, it is obvious that out of the total area of 1315 3% of the land of original periphery. Post 1966, townships of Mohali of Punjab covering 5500 acres Haryana covering 5000 acres were established. These resulted in pressures exerted by unrestricted and unplanned followed by unregulated growth. , a high powered Co-ordination Committee constituted by the Government of India, to resolve the pressing issue pertaining to development around Chandigarh and to suggest measures for not compromising the original intent of the Chandigarh Plan. In 1977, Regional Plan for Chandigarh’s immediate region, namely Chandigarh Urban Complex (CUC), was prepared, covering 330 square km. It comprised of Chandigarh U.T., parts of Mohali and its adjoining parts of Panchkula and its 23 villages. The CUC Plan declared the north of the Capitol Complex as In 1984, the CUC Plan was reviewed, resulting into Regional Plan 2001 to cater to a population of 25 lakhs distributed in seven categories of settlements. The Plan revived the 16 km belt of the periphery, assigned 50% population to Chandigarh UT and the remaining to the periphery areas in Punjab and Haryana. In 1999, Chandigarh Interstate Metropolitan Regional Plan was prepared, which enlarged the territory of the Plan to 50 km radius periphery control area incorporating Chandigarh UT and ten Tehsils from Punjab, tly, no approval was accorded to this From the aforesaid, it is obvious that out of the total area of 1315 Post 1966, townships of Mohali of Punjab covering 5500 acres Haryana covering 5000 acres were established. These nplanned was , to resolve the pressing issue measures for not In 1977, Regional Plan for Chandigarh’s immediate region, namely Chandigarh Urban Complex (CUC), was prepared, covering 330 Mohali and its adjoining The CUC Plan declared the north of the Capitol Complex as ‘No In 1984, the CUC Plan was reviewed, resulting into Regional Plan 2001 to cater to a population of 25 lakhs distributed in seven categories of settlements. The Plan revived the 16 km belt of the periphery, assigned 50% population to Chandigarh UT and the In 1999, Chandigarh Interstate Metropolitan Regional Plan was prepared, which enlarged the territory of the Plan to 50 km radius periphery control area incorporating Chandigarh UT and ten Tehsils from Punjab, tly, no approval was accorded to this NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 6.9 Government abutting the Capitol Complex created by Le Corbusier and consisting of village settlements Naya Gaon and Kansa 6.10 settlements. Of these, Panchkula and Panchkula Extension Ghaggar stand fully developed. Panchkula Extension Devi Complex (MMDC) comprising of 1550 acres, close to Sukhna Lake and Kalka – Pinjore Urban Complex were developed. 7. palpable that due to pressure of development over the areas around Ch town, there was limited opportunity for Chandigarh to achieve its mission of a Plan commensurate with the ‘Edict of Chandigarh’ and principles laid down by Le Corbusier. 8. UT Chandig expanded in May, 2010. were as follows : (i) Preservation of original concept of the plan; (ii) Maintaining the basic character of the (iii) Preserving ecology and environment; (iv) Heritage status of the city; (v) Protecting the Sukhna Wild Life Sanctuary; (vi) Protecting the catchment area of Sukhna Lake; (vii) Promoting sustainable urban development; -2024 In 2008, GMADA Regional Plan 2056 was notified Government, which inter alia declared the area north of Chandigarh and abutting the Capitol Complex created by Le Corbusier and consisting of settlements Naya Gaon and Kansal In a similar manner, Haryana Government planned five settlements. Of these, Panchkula and Panchkula Extension Ghaggar stand fully developed. Panchkula Extension Devi Complex (MMDC) comprising of 1550 acres, close to Sukhna Lake and Pinjore Urban Complex were developed. From the aforesaid historical background, it is obvious and palpable that due to pressure of development over the areas around Ch town, there was limited opportunity for Chandigarh to achieve its mission of a Plan commensurate with the ‘Edict of Chandigarh’ and principles laid down by Le Corbusier. In 2009, an Expert Committee for preparation of CMP UT Chandigarh, comprising of 11 members, was constituted, which was later expanded in May, 2010. Some of the issues deliberated by the said Committee were as follows :- Preservation of original concept of the plan; Maintaining the basic character of the Preserving ecology and environment; Heritage status of the city; Protecting the Sukhna Wild Life Sanctuary; Protecting the catchment area of Sukhna Lake; Promoting sustainable urban development; -11- In 2008, GMADA Regional Plan 2056 was notified by Punjab declared the area north of Chandigarh and abutting the Capitol Complex created by Le Corbusier and consisting of as a Nagar Panchayat. In a similar manner, Haryana Government planned five settlements. Of these, Panchkula and Panchkula Extension-1 across river Ghaggar stand fully developed. Panchkula Extension – 2, Shree Mata Mansa Devi Complex (MMDC) comprising of 1550 acres, close to Sukhna Lake and Pinjore Urban Complex were developed. From the aforesaid historical background, it is obvious and palpable that due to pressure of development over the areas around Chandigarh town, there was limited opportunity for Chandigarh to achieve its mission of a Plan commensurate with the ‘Edict of Chandigarh’ and principles laid down In 2009, an Expert Committee for preparation of CMP - 2031 for arh, comprising of 11 members, was constituted, which was later Some of the issues deliberated by the said Committee Preservation of original concept of the plan; Maintaining the basic character of the town; Preserving ecology and environment; Protecting the Sukhna Wild Life Sanctuary; Protecting the catchment area of Sukhna Lake; Promoting sustainable urban development; by Punjab declared the area north of Chandigarh and abutting the Capitol Complex created by Le Corbusier and consisting of In a similar manner, Haryana Government planned five 1 across river Mansa Devi Complex (MMDC) comprising of 1550 acres, close to Sukhna Lake and From the aforesaid historical background, it is obvious and andigarh town, there was limited opportunity for Chandigarh to achieve its mission of a Plan commensurate with the ‘Edict of Chandigarh’ and principles laid down 2031 for arh, comprising of 11 members, was constituted, which was later Some of the issues deliberated by the said Committee NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- (viii) Ongoing development pr (ix) Available vacant land; (x) Growth and development of villages falling within and outside the sectoral grid; (xi) Informal residential and commercial sector; (xii) Developments in the neighbouring towns; and (xiii) Future needs of 8.1 Heritage Committee. the Committee and relevant to the issue below:- (a) To more walking and biking friendly shall be used for in the city; (b) To give d wild life sanctuary, green spaces and water bodies within and around the city 8.2 of the points of Chandigarh vision, which are as fol (1) The city shall continue to facilitate, promote and enhance the capital functions for which it was originally designed; (2) The city shall continue to nourish itself through its green spaces and pedestrian friendly development encouraging the use -2024 Ongoing development projects; Available vacant land; Growth and development of villages falling within and outside the sectoral grid; Informal residential and commercial sector; Developments in the neighbouring towns; and Future needs of growth and development of the city. The Committee further took into account report of the Expert Heritage Committee. Some of the basic postulates for planning the Committee and relevant to the issue To make the city more green, more eco friendly, more people friendly, more walking and biking friendly. Mechanism of creating city forests shall be used for improving the micro environment and flora and fauna in the city; and To give due regard to preserve the bountiful natural heritage of forests, wild life sanctuary, green spaces and water bodies within and around the city. The Committee, which framed the CMP of the points of Chandigarh vision, which are as fol The city shall continue to facilitate, promote and enhance the capital functions for which it was originally designed; The city shall continue to nourish itself through its green spaces and pedestrian friendly development encouraging the use -12- Growth and development of villages falling within and outside the Informal residential and commercial sector; Developments in the neighbouring towns; and growth and development of the city. The Committee further took into account report of the Expert Some of the basic postulates for planning, considered by the Committee and relevant to the issue involved herein, are mentioned make the city more green, more eco friendly, more people friendly, . Mechanism of creating city forests improving the micro environment and flora and fauna gard to preserve the bountiful natural heritage of forests, wild life sanctuary, green spaces and water bodies within and around which framed the CMP – 2031, considered some of the points of Chandigarh vision, which are as follows : The city shall continue to facilitate, promote and enhance the capital functions for which it was originally designed; The city shall continue to nourish itself through its green spaces and pedestrian friendly development encouraging the use of bicycle; The Committee further took into account report of the Expert considered by are mentioned make the city more green, more eco friendly, more people friendly, . Mechanism of creating city forests improving the micro environment and flora and fauna gard to preserve the bountiful natural heritage of forests, wild life sanctuary, green spaces and water bodies within and around considered some The city shall continue to facilitate, promote and enhance the capital The city shall continue to nourish itself through its green spaces and NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- (3) Public transport shall be encouraged as preferred mode adoption of an appropriate ‘City Mobility Plan’ complementary to the CMP 8.3 follows : (i) Chandigarh spaces ensuring that every dwelling has its adequate share of three elements of Sun, Space and Verdure vegetation, or the lush plants and foliage themselves) (ii) The conce V1 V2 V3 V4 V5 V6 V7 (iii) As regards roundabouts continue to retain the roundabouts, the use of Rapid well as Non M introduced in a big way in the city; (iv) CMP construction activity and development on green heritage of -2024 Public transport shall be encouraged as preferred mode adoption of an appropriate ‘City Mobility Plan’ complementary to the CMP - 2031. Some of the concepts statutorily laid down in CMP Chandigarh was planned as a Green City with abundance of open spaces ensuring that every dwelling has its adequate share of three elements of Sun, Space and Verdure vegetation, or the lush plants and foliage themselves) The concept of seven Vs : V1 – Fast roads connecting Chandigarh to other towns; V2 – Arterial roads; V3 – Fast vehicular roads around the sectors; V4 – Meandering shopping streets; V5 – Sector circulation roads; V6 – Access roads to houses; V7 – Footpaths, cycle tracks Buses will ply on V1, V2, V3 and V4 roads. A wall shall seal the V3 roads from the Sectors. As regards roundabouts, CMP - continue to retain the roundabouts, the use of personalized modes of transportation apid Public Transport - Metro/Bus Rapid Transit System (BRTS) as well as Non Motorised Transport (NMT) system introduced in a big way in the city; CMP - 2031 laid down that excessive pressure is exerted by construction activity and development on green heritage of -13- Public transport shall be encouraged as preferred mode with the adoption of an appropriate ‘City Mobility Plan’ complementary to the statutorily laid down in CMP - 2031 are as was planned as a Green City with abundance of open spaces ensuring that every dwelling has its adequate share of three elements of Sun, Space and Verdure (fresh, green colour of growing vegetation, or the lush plants and foliage themselves); Fast roads connecting Chandigarh to other towns; Fast vehicular roads around the sectors; Buses will ply on V1, V2, V3 and V4 roads. A wall shall seal the 2031 stipulated that in order to continue to retain the roundabouts, the residents shall have to reduce of transportation and instead adopt M Metro/Bus Rapid Transit System (BRTS) as otorised Transport (NMT) system, which is being that excessive pressure is exerted by construction activity and development on green heritage of with the adoption of an appropriate ‘City Mobility Plan’ complementary to the 2031 are as was planned as a Green City with abundance of open spaces ensuring that every dwelling has its adequate share of three fresh, green colour of growing Buses will ply on V1, V2, V3 and V4 roads. A wall shall seal the that in order to residents shall have to reduce Mass Metro/Bus Rapid Transit System (BRTS) as , which is being that excessive pressure is exerted by construction activity and development on green heritage of NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- Chandigarh, Chandigarh has the highest ratio of per capita ownership of cars in the country (v) Due to development to group housing, multiple families inhabiting per plot large number of open spaces between clusters have been encroached upon for parking of cars; (vi) Open/Green spaces in the cit spaces (vii) An systems areas (viii) Twelve longitudinal Green the greens of the city in the North South direction which would offer diverse experiences as one moves across them; (ix) Chandigarh’s road network is under intense pressure due to increase in population has absence of an efficient and reliable public transport system; (x) Road network capacity in CUC is adeq i.e. proposed Tribune Flyover is being constructed) become congested (xi) Many junctions Dakshin Marg, Jan Marg, Purv Marg, Udyog Path -2024 Chandigarh, especially the increased vehicular traffic, since Chandigarh has the highest ratio of per capita ownership of cars in the country; Due to astronomical rise in the ownership of cars and shift from plotted development to group housing, multiple families inhabiting per plot large number of open spaces between clusters have been encroached upon for parking of cars; Open/Green spaces in the city should be recognized as inviolable open spaces; n open space system of pedestrian greenways systems which link existing and future open spaces, parks and forest areas should be developed; Twelve longitudinal Green Corridors have been proposed connecting the greens of the city in the North South direction which would offer diverse experiences as one moves across them; Chandigarh’s road network is under intense pressure due to increase in population, explosive growth in the number of private vehicles which has increased the number of personalised vehicles, partly due to the absence of an efficient and reliable public transport system; Road network capacity in CUC is adeq i.e. Madhya Marg, Udyog Path and proposed Tribune Flyover is being constructed) become congested; Many junctions, particularly on Madhya Marg, Himalya Marg, Dakshin Marg, Jan Marg, Purv Marg, Udyog Path -14- specially the increased vehicular traffic, since Chandigarh has the highest ratio of per capita ownership of cars in the rise in the ownership of cars and shift from plotted development to group housing, multiple families inhabiting per plot large number of open spaces between clusters have been encroached y should be recognized as inviolable open pedestrian greenways and nature walking which link existing and future open spaces, parks and forest Corridors have been proposed connecting the greens of the city in the North South direction which would offer diverse experiences as one moves across them; Chandigarh’s road network is under intense pressure due to increase in owth in the number of private vehicles which increased the number of personalised vehicles, partly due to the absence of an efficient and reliable public transport system; Road network capacity in CUC is adequate but major travel corridors Madhya Marg, Udyog Path and Dakshin Marg (road on which proposed Tribune Flyover is being constructed), are beginning to , particularly on Madhya Marg, Himalya Marg, Dakshin Marg, Jan Marg, Purv Marg, Udyog Path etc., have very high specially the increased vehicular traffic, since Chandigarh has the highest ratio of per capita ownership of cars in the rise in the ownership of cars and shift from plotted development to group housing, multiple families inhabiting per plot – large number of open spaces between clusters have been encroached y should be recognized as inviolable open nature walking which link existing and future open spaces, parks and forest Corridors have been proposed connecting the greens of the city in the North South direction which would offer Chandigarh’s road network is under intense pressure due to increase in owth in the number of private vehicles which increased the number of personalised vehicles, partly due to the major travel corridors, (road on which are beginning to , particularly on Madhya Marg, Himalya Marg, ave very high NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- approach traffic volumes exceeded their capacity at these junctions is likely to deteriorate fast (xii) Traffic surveys conducted by RITES (Rail Ind Economic Service) have shown that the maximum Vehicl Ratio in 2009 at Madhya Marg Marg; (xiii) One of the aims while establishing the city was reduction of dependency on cars with widespread use of non Mass 8.4 damage to environment, protection of green, clean and spacious township which does not buckle under pressure, should be made by public transport Vehicle (NMV) facilities should be provided throughout the urban area. 8.5 and it was stipulated in CMP Chandigarh city roads towns, are likely to be put under extreme pressure to the detriment of the city’s environment and quality of life. 8.6 (CUC) including the Mass Rapid Transport System was pref 8.7 public transport system. by stipulating that it is necessary for reducing the volume of traffic on the -2024 approach traffic volumes and most of the junctions with rotaries have exceeded their capacity. With expected growth of traffic, the situation at these junctions is likely to deteriorate fast Traffic surveys conducted by RITES (Rail Ind Economic Service) have shown that the maximum Vehicl Ratio in 2009 at Madhya Marg w Marg; One of the aims while establishing the city was reduction of dependency on cars with widespread use of non ass Rapid Transit System. Some of the goals stipulated by CMP damage to environment, protection of green, clean and spacious township which does not buckle under pressure, sixty to seventy percent of total trips should be made by public transport, and safe bicycle lanes (NMV) facilities should be provided throughout the urban area. Ring Road in the periphery of Chandigarh town was prescribed and it was stipulated in CMP - 2031 that Chandigarh city roads, which provide the shortest t are likely to be put under extreme pressure to the detriment of the city’s environment and quality of life. Comprehensive Mobility Plan for Chandigarh Urban Complex (CUC) including the Mass Rapid Transport System was pref Several suggestions were given in CMP public transport system. Non Motorised Vehicle system was again emphasized by stipulating that it is necessary for reducing the volume of traffic on the -15- most of the junctions with rotaries have With expected growth of traffic, the situation at these junctions is likely to deteriorate fast; Traffic surveys conducted by RITES (Rail India Technical and Economic Service) have shown that the maximum Vehicle Capacity was 1.2, as against 0.8 qua Dakshin One of the aims while establishing the city was reduction of dependency on cars with widespread use of non-motorised modes and Some of the goals stipulated by CMP - 2031 were the least damage to environment, protection of green, clean and spacious township sixty to seventy percent of total trips safe bicycle lanes and Non Motorised (NMV) facilities should be provided throughout the urban area. Ring Road in the periphery of Chandigarh town was prescribed 2031 that in the absence of Ring Roads, the , which provide the shortest travel distance between are likely to be put under extreme pressure to the detriment of the city’s Comprehensive Mobility Plan for Chandigarh Urban Complex (CUC) including the Mass Rapid Transport System was preferred. Several suggestions were given in CMP - 2031 to strengthen the Non Motorised Vehicle system was again emphasized by stipulating that it is necessary for reducing the volume of traffic on the most of the junctions with rotaries have With expected growth of traffic, the situation ia Technical and Capacity as 1.2, as against 0.8 qua Dakshin One of the aims while establishing the city was reduction of motorised modes and were the least damage to environment, protection of green, clean and spacious township sixty to seventy percent of total trips Non Motorised Ring Road in the periphery of Chandigarh town was prescribed in the absence of Ring Roads, the ravel distance between are likely to be put under extreme pressure to the detriment of the city’s Comprehensive Mobility Plan for Chandigarh Urban Complex 2031 to strengthen the Non Motorised Vehicle system was again emphasized by stipulating that it is necessary for reducing the volume of traffic on the NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- roads and maintaining the qu priority to pedestrians and cyclists 2031 to motivate people to adopt public transport that there should be a major switch over to public cycle as a mode of transport ensured while on the other hand discouraged 8.8 Under Bridges) should be designed with adequate provisions for the pedestrians and cyclists. 8.9 the large traffic that while constructing underpasses, the right of way of pedestrians and cyclists should not be negatively impacted 8.10 following recommendation made Over bridges/flyovers are not recommended constructed in entire city of Chandigarh due to heritage considerations, since they impact the visual city scape, and cause inconvenience to the pedestrians. 8.11 about 33.37% of the area of the grid. should be made to retain the essence of the original Plan of the city such, the following is recommended : (1) -2024 roads and maintaining the quality of life priority to pedestrians and cyclists. Various proposals were made by CMP 2031 to motivate people to adopt public transport that there should be a major switch over to public cycle as a mode of transport and improved pe ensured while on the other hand dependence on private vehicles has to be discouraged. CMP - 2031 further emphasized that even the RUBs (Railway Under Bridges) should be designed with adequate provisions for the pedestrians and cyclists. The RITES has proposed underpasses across the city large traffic volumes, including at Tribune Chowk. It was also stipulated while constructing underpasses, the right of way of pedestrians and cyclists should not be negatively impacted. The most important and relevant to the issue herein is the following recommendation made in CMP - Over bridges/flyovers are not recommended constructed in entire city of Chandigarh due to heritage considerations, since they impact the visual city scape, and cause inconvenience to the pedestrians. CMP - 2031 categorized Phase I as Sectors 1 to 30 occupying about 33.37% of the area of the grid. CMP should be made to retain the essence of the original Plan of the city such, the following is recommended : Chandigarh shall remain an Administrative City -16- ality of life for the city residents by giving Various proposals were made by CMP 2031 to motivate people to adopt public transport. CMP - 2031 emphasised that there should be a major switch over to public transportation, adoption of improved pedestrian infrastructure is to be dependence on private vehicles has to be 2031 further emphasized that even the RUBs (Railway Under Bridges) should be designed with adequate provisions for the nderpasses across the city, in view of ibune Chowk. It was also stipulated while constructing underpasses, the right of way of pedestrians and . The most important and relevant to the issue herein is the - 2031 : Over bridges/flyovers are not recommended to be constructed in entire city of Chandigarh due to heritage considerations, since they impact the visual city scape, and cause inconvenience to the pedestrians. 2031 categorized Phase I as Sectors 1 to 30 occupying CMP - 2031 also stipulates that efforts should be made to retain the essence of the original Plan of the city and as remain an Administrative City. giving Various proposals were made by CMP - 2031 emphasised adoption of is to be dependence on private vehicles has to be 2031 further emphasized that even the RUBs (Railway Under Bridges) should be designed with adequate provisions for the , in view of ibune Chowk. It was also stipulated while constructing underpasses, the right of way of pedestrians and The most important and relevant to the issue herein is the 2031 categorized Phase I as Sectors 1 to 30 occupying 2031 also stipulates that efforts and as NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- (2) (3) (4) All development and controlled, ensuring that it does not mar the grandeur of, or view from Heritage Grade 8.12 u/s 4 (1) (f) of the Capital of Punjab (Development and Regulation) Act, 1952 and Sections 3, 4, 5 and 11 of Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India and the Gener Clauses Act, 1857, after publishing a Draft Master Plan vide notification dated 11.07.2013, inviting objections/suggestions and deciding the same by a Board of Inquiry/Hearing. 8.13 the Capital of Punjab (Development and Regulation) Act, 1952 and Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India nature. Such a Master Plan, which is statutory i modified only by following the same procedure, which was followed during the time of its formation. Thus, CMP of the same is mandatory in nature. 9. Administration Sector comprising Sectors 1 to 30) needs to be dealt with -2024 Chandigarh shall retain the essential planning postulates of Space and Verdure (fresh, green colour of growing vegetation, or lush plants and foliage themselves). Chandigarh shall be a Low-Rise city Chandigarh shall be a Green City All developments in areas surrounding Heritage Grade and controlled, ensuring that it does not mar the grandeur of, or view from Heritage Grade – I. CMP – 2031 was notified on u/s 4 (1) (f) of the Capital of Punjab (Development and Regulation) Act, 1952 and Sections 3, 4, 5 and 11 of Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India and the Gener Clauses Act, 1857, after publishing a Draft Master Plan vide notification dated 11.07.2013, inviting objections/suggestions and deciding the same by a Board of Inquiry/Hearing. CMP – 2031 has statutory colour for having been framed under al of Punjab (Development and Regulation) Act, 1952 and Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India. The contents of CMP . Such a Master Plan, which is statutory i modified only by following the same procedure, which was followed during the time of its formation. Thus, CMP – 2031 is of the same is mandatory in nature. Another argument raised by learned counsel for UT Administration that Dakshin Marg is not an integral part of Phase I (Heritage Sector comprising Sectors 1 to 30) needs to be dealt with -17- retain the essential planning postulates of Sun (fresh, green colour of growing vegetation, or lush plants and foliage themselves). ise city. Green City. in areas surrounding Heritage Grade – I shall be regulated and controlled, ensuring that it does not mar the grandeur of, or view from 2031 was notified on 23.04.2015 by invoking the powers u/s 4 (1) (f) of the Capital of Punjab (Development and Regulation) Act, 1952 and Sections 3, 4, 5 and 11 of Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India and the Gener Clauses Act, 1857, after publishing a Draft Master Plan vide notification dated 11.07.2013, inviting objections/suggestions and deciding the same by a Board 2031 has statutory colour for having been framed under al of Punjab (Development and Regulation) Act, 1952 and Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the . The contents of CMP – 2031 are, thus, mandatory in . Such a Master Plan, which is statutory in character can be changed or modified only by following the same procedure, which was followed during 2031 is inviolable and every provision Another argument raised by learned counsel for UT that Dakshin Marg is not an integral part of Phase I (Heritage Sector comprising Sectors 1 to 30) needs to be dealt with. Sun, (fresh, green colour of growing vegetation, or I shall be regulated and controlled, ensuring that it does not mar the grandeur of, or view from 23.04.2015 by invoking the powers u/s 4 (1) (f) of the Capital of Punjab (Development and Regulation) Act, 1952 and Sections 3, 4, 5 and 11 of Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the Constitution of India and the General Clauses Act, 1857, after publishing a Draft Master Plan vide notification dated 11.07.2013, inviting objections/suggestions and deciding the same by a Board 2031 has statutory colour for having been framed under al of Punjab (Development and Regulation) Act, 1952 and Punjab New Capital (Periphery) Control Act, 1952 read with Article 239 of the 2031 are, thus, mandatory in character can be changed or modified only by following the same procedure, which was followed during able and every provision Another argument raised by learned counsel for UT that Dakshin Marg is not an integral part of Phase I (Heritage NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 9.1 is seen at page 27, then the first aerial Chandigarh in 1951 contained 30 Sectors with Dakshin Marg forming the South - West boundary of Sectors 29, 30, Dakshin Marg is an integral part of Phase I comprising of Heritage Sectors (Sectors 1 to 30). 9.2 Once it is established that Dakshin Marg is Area (comprising of Sectors 1 to 30), then no d can take place in violation of CMP 9.3 provides thus : constructed in entire city of Chandigarh due to her since they impact the visual city scape, and cause inconvenience to the pedestrians. 9.4 conclusion that the bridges/ flyovers has been amended/modified, we are this forms part of existing CMP -2024 If Chapter 3, titled “Master Plan Area” contained in CMP is seen at page 27, then the first aerial diagram Chandigarh in 1951 contained 30 Sectors with Dakshin Marg forming the West boundary of Sectors 29, 30, Dakshin Marg is an integral part of Phase I comprising of Heritage Sectors (Sectors 1 to 30). Once it is established that Dakshin Marg is Area (comprising of Sectors 1 to 30), then no d can take place in violation of CMP – 2031. Pertinently, at the cost of reiteration provides thus : Over bridges/flyovers are not recommended constructed in entire city of Chandigarh due to her since they impact the visual city scape, and cause inconvenience to the pedestrians. Since the respondents have not given us any material to arrive at a conclusion that the aforesaid recommendation against the building of over bridges/ flyovers has been amended/modified, we are this forms part of existing CMP – 2031. Therefore, any violation or deviation -18- If Chapter 3, titled “Master Plan Area” contained in CMP – 2031 diagram that was drawn, of the city of Chandigarh in 1951 contained 30 Sectors with Dakshin Marg forming the West boundary of Sectors 29, 30, 20, 21, 22, 23, 24 and 25. As such, Dakshin Marg is an integral part of Phase I comprising of Heritage Sectors Once it is established that Dakshin Marg is integral to Phase I Heritage Area (comprising of Sectors 1 to 30), then no developmental activity therein 2031. at the cost of reiteration CMP – 2031 at page 307 Over bridges/flyovers are not recommended to be constructed in entire city of Chandigarh due to heritage considerations, since they impact the visual city scape, and cause inconvenience to the Since the respondents have not given us any material to arrive at a said recommendation against the building of over bridges/ flyovers has been amended/modified, we are persuaded to believe that 2031. Therefore, any violation or deviation 2031 of the city of Chandigarh in 1951 contained 30 Sectors with Dakshin Marg forming the 20, 21, 22, 23, 24 and 25. As such, Dakshin Marg is an integral part of Phase I comprising of Heritage Sectors Phase I Heritage therein 2031 at page 307 to be itage considerations, since they impact the visual city scape, and cause inconvenience to the Since the respondents have not given us any material to arrive at a said recommendation against the building of over to believe that 2031. Therefore, any violation or deviation NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- from the said recommendation prohibiting over bridg intervention of this Court. 9.5 its unique features embodied in the concepts created by its architect Le Corbusier and the same needs to preserved and protected, especia foundational concepts that the city was planned and built not for motorized vehicular traffic but for non cyclists were given preference over the motorised vehicular traffic. Increase in the number o the highest per capita motorised vehicular in the entire country. There are more number of motorised vehicles in Chandigarh than people residing in this city. 9.6 more and more comfort and luxury, even if the same is at the cost of plundering that we are pristine environment in mind, with which Chandigarh city was planned and established, ought not to be forgotten. Sun, Space and Verdure (fresh, green colour of growing vegetation, or lush plants and foliage themselves), which are hallmark of this city, need 9.6 comes at a very low cost. A little sacrifice by humans Reducing consumerism. Protecting instead of plundering environ hope and expect, rather pray to God, that concept of Sun, Space and Verdure would be preserved by the respondents, by not Tribune Chowk -2024 from the said recommendation prohibiting over bridg intervention of this Court. Chandigarh is the last well-planned city of this country, which has its unique features embodied in the concepts created by its architect Le Corbusier and the same needs to preserved and protected, especia foundational concepts that the city was planned and built not for motorized vehicular traffic but for non-motorized vehicular traffic. Pedestrians and the cyclists were given preference over the motorised vehicular traffic. Increase in the number of motor vehicular traffic in Chandigarh is alarming, since it has the highest per capita motorised vehicular in the entire country. There are more number of motorised vehicles in Chandigarh than people residing in this city. The tendency of humans is to create ways and means to have more and more comfort and luxury, even if the same is at the cost of nature, which is the mother of humans. Humans should remember that we are creatures of nature and as such should not become the creator ristine environment in mind, with which Chandigarh city was planned and established, ought not to be forgotten. Sun, Space and Verdure (fresh, green colour of growing vegetation, or lush plants and foliage themselves), which are hallmark of this city, need to be protected and preserved at The cost of preservation of pristine comes at a very low cost. A little sacrifice by humans Reducing consumerism. Protecting instead of plundering environ hope and expect, rather pray to God, that concept of Sun, Space and Verdure would be preserved by the respondents, by not Tribune Chowk in violation of CMP – 2031. -19- from the said recommendation prohibiting over bridges/flyovers needs planned city of this country, which has its unique features embodied in the concepts created by its architect Le Corbusier and the same needs to preserved and protected, especially the foundational concepts that the city was planned and built not for motorized motorized vehicular traffic. Pedestrians and the cyclists were given preference over the motorised vehicular traffic. Increase in f motor vehicular traffic in Chandigarh is alarming, since it has the highest per capita motorised vehicular in the entire country. There are more number of motorised vehicles in Chandigarh than people residing in this city. to create ways and means to have more and more comfort and luxury, even if the same is at the cost of nature, which is the mother of humans. Humans should remember creatures of nature and as such should not become the creator. The ristine environment in mind, with which Chandigarh city was planned and established, ought not to be forgotten. Sun, Space and Verdure (fresh, green colour of growing vegetation, or lush plants and foliage themselves), which are to be protected and preserved at all costs. The cost of preservation of pristine environment of Chandigarh comes at a very low cost. A little sacrifice by humans of their greed and lust Reducing consumerism. Protecting instead of plundering environment. hope and expect, rather pray to God, that concept of Sun, Space and Verdure would be preserved by the respondents, by not constructing the flyover at 2031. es/flyovers needs planned city of this country, which has its unique features embodied in the concepts created by its architect Le lly the foundational concepts that the city was planned and built not for motorized motorized vehicular traffic. Pedestrians and the cyclists were given preference over the motorised vehicular traffic. Increase in f motor vehicular traffic in Chandigarh is alarming, since it has the highest per capita motorised vehicular in the entire country. There are more number of motorised vehicles in Chandigarh than people residing in this city. to create ways and means to have more and more comfort and luxury, even if the same is at the cost of nature, which is the mother of humans. Humans should remember . The ristine environment in mind, with which Chandigarh city was planned and established, ought not to be forgotten. Sun, Space and Verdure (fresh, green colour of growing vegetation, or lush plants and foliage themselves), which are of Chandigarh greed and lust. ment. We hope and expect, rather pray to God, that concept of Sun, Space and Verdure the flyover at NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- 9.7 underpasses, which can always be resorted to by the Chandigarh Administration for easing the congestion of traffic hope and expect that public transport would be put to maximum use for commuters to travel from one place to thereby limiting 10. extent : (i) By a writ of prohibition, the Chandigarh Administration is from proceeding ahead with construction of Flyover at Tribune Chowk, being in violation of the statutory CMP construct prohibited. (ii) However, Chandigarh Administration is at liberty to construct Underpass at Tribune Chowk, being permissible under the CMP 2031 for de (iii) UT Administration from cutting any mango tree or any other tree standing in and around Tribune Chowk. (iv) This Court further directs the UT Administration to maintain the green, Phase I comprising Sectors 1 to 30, including Dakshin Marg, which forms a (v) UT Administration is further directed by a writ of mandamus to ensure and encourage the original ambie -2024 At this stage, we make it clear that CMP underpasses, which can always be resorted to by the Chandigarh Administration for easing the congestion of traffic hope and expect that public transport would be put to maximum use for commuters to travel from one place to another within the city of Chandigarh, thereby limiting and minimizing the use of personal motorised vehicles. Consequently, this Court allows this petition to the following By a writ of prohibition, the Chandigarh Administration is from proceeding ahead with construction of Flyover at Tribune Chowk, being in violation of the statutory CMP construction of Over bridges prohibited. However, Chandigarh Administration is at liberty to construct Underpass at Tribune Chowk, being permissible under the CMP 2031 for de-congesting the traffic issue. UT Administration is also restrained by way of writ of prohibition from cutting any mango tree or any other tree standing in and around Tribune Chowk. This Court further directs the UT Administration to maintain the green, unique and heritage status of Chandigarh town Phase I comprising Sectors 1 to 30, including Dakshin Marg, which forms an integral part of Phase I (Sectors 1 to 30) (heritage Sectors). UT Administration is further directed by a writ of mandamus to ensure and encourage the original ambie -20- At this stage, we make it clear that CMP – 2031 does not prohibit underpasses, which can always be resorted to by the Chandigarh Administration for easing the congestion of traffic at Tribune Chowk. We also hope and expect that public transport would be put to maximum use for another within the city of Chandigarh, the use of personal motorised vehicles. rt allows this petition to the following By a writ of prohibition, the Chandigarh Administration is restrained from proceeding ahead with construction of Flyover at Tribune Chowk, being in violation of the statutory CMP – 2031, where Over bridges/Flyovers within Chandigarh is However, Chandigarh Administration is at liberty to construct Underpass at Tribune Chowk, being permissible under the CMP congesting the traffic issue. is also restrained by way of writ of prohibition from cutting any mango tree or any other tree standing in and around This Court further directs the UT Administration to maintain the unique and heritage status of Chandigarh town, including Phase I comprising Sectors 1 to 30, including Dakshin Marg, which rt of Phase I (Sectors 1 to 30) (heritage Sectors). UT Administration is further directed by a writ of mandamus to ensure and encourage the original ambience and character of the city not prohibit underpasses, which can always be resorted to by the Chandigarh . We also hope and expect that public transport would be put to maximum use for another within the city of Chandigarh, rt allows this petition to the following restrained from proceeding ahead with construction of Flyover at Tribune 2031, where /Flyovers within Chandigarh is However, Chandigarh Administration is at liberty to construct Underpass at Tribune Chowk, being permissible under the CMP – is also restrained by way of writ of prohibition from cutting any mango tree or any other tree standing in and around This Court further directs the UT Administration to maintain the , including Phase I comprising Sectors 1 to 30, including Dakshin Marg, which rt of Phase I (Sectors 1 to 30) (heritage Sectors). UT Administration is further directed by a writ of mandamus to nce and character of the city NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment CWP-PIL-187- of Chandigarh by minimizing the personal motorized vehicular traffic and instead adopting public transportation. (vi) No cost. May 29, 2026 narotam Whether speaking/reasoned Whether reportable -2024 of Chandigarh by minimizing the personal motorized vehicular traffic and instead adopting public transportation. No cost. , 2026 Whether speaking/reasoned Whether reportable -21- of Chandigarh by minimizing the personal motorized vehicular traffic and instead adopting public transportation. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No of Chandigarh by minimizing the personal motorized vehicular NAROTAM DASS 2026.05.29 19:11 I attest to the accuracy and authenticity of this order/judgment