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Tata Camelot ‘benefitted’ from MLAs?
Intensifying its scathing attack against the Punjab government for allowing Tata Camelot to come up in a “controlled area”, the Administration today accused Punjab of preparing the master plan of Nayagaon keeping the Tata Camelot project in mind. Senior standing counsel for UT Administration, Sanjay Kaushal alleged that the Punjab government buckled under the pressure of it’s MLAs to prepare the master plan of Nayagaon to benefit Tata housing corporation. “The master plan for Nayagaon was not made for its residents but was made keeping the project (Camelot) in mind,” Kaushal averred.
The allegation was made during the resumed hearing of a public interest litigation (PIL) filed by Advocate Aalok Jagga challenging the housing project to come up in Kansal. On a pointed query put by a division bench comprising Chief Justice Ranjan Gogoi and Justice Mahesh Grover as to whether the Chandigarh Administration was “helpless” when the master plan was made, Kaushal replied in the affirmative.
The “helplessness” of Administration was, however, questioned by the division bench. The Bench questioned Kaushal what the “champions of Edict” of Chandigarh were doing when the land belonging to MLAs was transferred for construction of the project. The Administration counsel added that as per the master plan, no high-rise building is allowed to come up within one km of the Capitol Complex. Kaushal alleged that since Punjab knew that the Tata Camelot project is located within 1.9 km of the Capitol Complex, it kept the embargo on construction of high rise building at 1 km. The master plan for Nayagaon was notified on January 2, 2009.
Speaking for the Bench, Justice Mahesh Grover questioned why the UT Administration never raked the issues of threat to heritage of the city before the Court. Justice Grover remarked that the Court has been given the impression that the authorities have abdicated their responsibilities. The Court also asked whether any construction other than the old building of the High Court is not a “blatant violation”. Referring to the vision of French architect Le Corbusier, heavily relied upon by the Administration, Justice Grover questioned “where was the vision at that time” to construction the new building of High Court.
Sanjay Kaushal submitted that it was highly “unfortunate” that Punjab and Haryana are jointly trying to destroy their “jewel” (Chandigarh). He said that despite the development by Punjab and Haryana had not received a green signal from the co ordination committee (comprising of members of UT, Punjab and Haryana).
He added, “Heritage knows no boundaries. Punjab and Haryana should protect Chandigarh for the next generation.” Responding to this, the Bench orally remarked that “heritage cannot be made the foundation of a judicial order”.
Using his wit, Congress spokesperson and senior lawyer, Abhishek Manu Singhvi, appearing on behalf of Tata Housing development company launched a counter attack on the petitioner for filing a “premature” petition. Taking a dig at the “bleeding hearts” of those who have challenged Camelot, Singhvi said that without preparing the master plan for the city, the UT Administration cannot collaterally challenge the master plan of Nayagaon. He questioned why the Chandigarh Administration did not challenge the master plan of Nayagaon and that malafide cannot be alleged against a statute. Singhvi said that the master plan is a statute and that the co ordination committee has no legal sanctity. He contended that the present petition is an attempt to get some observations from the Court on the project. He added that the petition is a “deliberate attempt to make the Court a licence issuing authority”. The PIL will come up for resumed hearing on Wednesday.
Source: http://www.financialexpress.com/news/tata-camelot-benefitted-from-mlas/912329/0
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