HC declines to extend stay on Stilt+4 floor policy to Panchkula
Chandigarh, May 5 -- The Punjab and Haryana high court on Monday declined a petitioner's request to extend the stay order on the stilt-plus-four-floors policy to Panchkula.
The court on April 27 had restricted the stay order to Gurugram during the hearing of a clutch of petitions challenging the policy.
The court had modified it's April 2, order that stayed the 2024 Haryana government notification allowing construction of stilt-plus-four floors in the state's urban areas, stating that it appeared the state was putting people's safety at stake "merely to earn more revenue."
The court declined the request stating that the petition is finally being heard and has reached a final adjudication stage.
Hence, a stay order is not required as "the entire policy is subject to the outcome of the petition."
Earlier, the applicant had submitted that Panchkula is going the Gurugram way and demanded that a commission be constituted to conduct inspections.
Initially notified in 2019, the policy was put in abeyance in February 2023 due to opposition across Haryana.
In 2023, an expert panel was constituted by the government presided over by Haryana Pollution Control Board chairman, P Raghavendra Rao, which recommended an infrastructure audit. Subsequently, on July 2, 2024, the state government notified the policy, which is under challenge in these proceedings.
The government told the court that Gurugram authorities have issued around 2,000 notices in the city for covering of stilt areas, with nearly 500 restoration orders. The drive is continuing, the state's counsel told the court.
The petitions allege that the government ignored the expert committee's opinion and, instead, notified the policy's implementation.
They demand that approvals for constructions in Gurugram and other places be halted until comprehensive infrastructure audits and necessary augmentation as recommended by the expert committee, are completed.
The petitions also maintain that the policy should have come through legislative route and should not have been enacted through an executive order....
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