Chandigarh, Could 24
The Punjab and Haryana Excessive Courtroom has made it clear that non permanent constructions with asbestos and fiberglass roof on metal or different gentle frames is probably not eliminated until the advice of a committee “shaped to find out need-based modifications within the metropolis”.
The Bench of Justice Amol Rattan Singh and Justice Lalit Batra, on the identical time, added that the UT Chief Administrator and different respondents would decide whether or not lintel or concrete roofs “clearly” exerting super weight on the remainder of the construction have been structurally unsafe earlier than taking a choice on “eradicating them or not” when it comes to the sooner orders.
The instructions got here on a petition filed by the Floor Ground Residents in Duplex Flats Welfare Affiliation via Sarbjit Singh Hira. The Chandigarh Housing Board (CHB) was represented by senior standing counsel GS Wasu.
The Bench added that the respondents can be at liberty to take away the parapets in the event that they have been past the permissible ranges. “Nevertheless, if they’re throughout the permissible ranges on the high flooring, merely by means of security measures to try to forestall anyone from falling from the roof, naturally they needn’t be eliminated when it comes to the bylaws”.
The Bench asserted that the respondents would take into account permitting parapets if these weren’t there in any respect. The Bench was of the view that the identical have been usually allowed by the constructing bylaws in most states as much as a top of 2½ to 3½ ft as per regular normal bylaws.
The Bench clarified that the parapets wouldn’t be used as an excuse for making any extra construction thereon. “As regards the water tanks referred to by counsel for the petitioners, a choice with regard thereto can be taken by the respondents when it comes to the bylaws. It is just to be clarified that if extra plastic water tanks are required as a consequence of water scarcity on the bottom flooring, and they don’t structurally have an effect on the dwelling items in query, permitting them to proceed to stay there can be a choice to be taken by the respondents, so long as they don’t hinder any passages,” the Bench added.
The Excessive Courtroom, on the earlier date of listening to, had requested the CHB and different respondents to take instant motion for the removing of all “utterly unauthorised constructions” made on the third flooring of its dwelling items.
The Bench had made it clear that the motion was vital because it had been specified by a committee of technical folks, together with government engineers and a superintending engineer, that the third flooring was wholly unauthorised and the foundations of the dwelling items didn’t cater to such load.