Noting that the stay granted in 2019 on the construction of Tribune flyover “has taken Chandigarh back by a decade”, and that there is a need to ease the traffic, rather than to block development, the Punjab and Haryana High Court has vacated the stay over the construction of the flyover.
The HC is hearing a PIL (public interest litigation), filed by a social organisation, The Run Club, against the UT Administration, in which the NGO has challenged the proposal to cut trees for the project.
A division Bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji has said, “It is a matter of common knowledge that traffic coming from Delhi/Dera Bassi side to Chandigarh is held up for one and half hours on account of traffic jams. Zirakpur municipality situated in Punjab, which is just before one enters from Delhi/Dera Bassi side, and is a new urban high-rise and high-density area permitted to be developed by the State of Punjab which has flourished on account of high cost of living in proper Chandigarh. A large number of residents have started inhabiting in Zirakpur due to easy availability of high-rise flats and apartments and are dependent to reach Chandigarh for their work, education purposes, health purposes and entertainment purposes.”
“Municipal Council, Zirakpur, is stated to have a population of one lakh and the said area has developed phenomenally over the years due to its boundary touching Chandigarh. Thus, all the residents also flow continuously in and out of Chandigarh. The need as such is to ease the traffic in such situation, rather than to block the development. In our considered opinion, the stay which was granted on November 20, 2019 has taken Chandigarh back by a decade. In such circumstances, we are of the considered opinion that it has led not only to cost overruns but also ensured that the town has not progressed and developed which is the need of the hour,” held the Bench.
The Bench observed, “We do not see any plausible reason to continue with the stay, which was granted on November 20, 2019. Resultantly, we vacate the same. It is open for the Administration to proceed with the project as such regarding fly-over at Tribune Chowk in the manner in which it deems fit, and whether to associate the earlier contractor or to call for fresh bids.”
“Needless to say that the Administration shall not rush forth to cut the trees till the project is finalized as such and the construction is liable to be started,” the Bench ordered.
The 1.6-km-long flyover is to be built from near GMCH-32 roundabout up to the railway overbridge on Dakshin Marg, after passing over Tribune Chowk. On March 3, 2019, the then UT Administrator V P Singh Badnore had laid the foundation stone of the Rs 184 crore project that was being touted as a solution to traffic mess that is witnessed in the vicinity of Tribune Chowk. The UT forest department had approved the felling of 472 trees, out of which 143 were to be uprooted. The HC in November 2019 had stayed the uprooting and cutting of trees for the project.
During the course of hearing, a status report by way of affidavit of Dr Rajesh Bansal, Superintending Engineer, Construct Circle – I, Chandigarh, was filed, mentioning that “M/s DRAIPL-DMR (JV)” is willing to carry out the work of constructing flyover at Tribune Chowk, subject to certain conditions. While regarding the cutting of the trees as such, it has been mentioned in the affidavit that permission for cutting 472 trees was accorded subject to the plantation of five saplings in lieu of each ‘1’ tree to be axed, and 2,799 saplings have already been planted.
Meanwhile, Senior Advocate M L Sarin, an intervener in the matter, submitted that construction of the flyover/underpass at Tribune Chowk should not be done as it would be violative of the orders passed by the apex court.
The Bench remarked that there was no such issue that the town’s infrastructure as such will not be enhanced. Chandigarh was built up and conceptualised in the year 1950, and cannot continue to remain like that. Development as such is an evergoing process.
“Even as per Sarin’s objections, the town was planned for 5 lakh people. Today, we are dealing with the tri-city, which is now bounded by Panchkula, Mohali and New Chandigarh, having a population of over 15 lakh. The issue of access and travel to Chandigarh on account of being Capital of two States having the Government buildings as such has to be taken into consideration”, said the Bench.
The Bench said that the authorities, as such, are planning metro to ease the traffic situation, which we are monitoring in another PIL (CWP-PIL-113-2021). “In such circumstances, we are of the considered opinion that the infrastructural projects which will only ease the situation which are the need of the day, rather than fall back on the times not to use the vehicles, as was put forth by Sarin in the public hearing,” the Bench held.