Chandigarh, July 14
About 10 days after construction on the basis of an “earlier policy” permitting stilt-plus-four came under judicial scanner with Panchkula residents claiming “immense damage”, Haryana Shehri Vikas Pradhikaran (HSVP) has told the Punjab and Haryana High Court that an engineer has been appointed to assess the damage.
The petitioners, among other things, had contended that an IRS officer was raising construction adjoining their house on a 10-marla plot in Sector 12-A, Panchkula, in view of the earlier policy. Appearing in person before the court, the petitioners had pointed out that cracks had developed in the house.
As the matter came up for resumed hearing, counsel Deepak Sabherwal on behalf of HSVP and its Estate Officer told the Bench that an engineer from a panel has been appointed “to assess the damage caused to the petitioners’ house on account of the construction being raised by the respondent”.
The respondent, represented by counsel Amar Vivek Aggarwal, on the other hand, sought time to file a reply. Taking a note of the submissions, the Bench of Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan fixed the matter for further hearing on July 31.
Panchkula resident Neeraj Gupta and the other petitioner had earlier submitted that constructing stilt-plus four-storey structures entailed huge profits and was a profitable proposition for a businessman. But the neighbours could not be made to suffer for the business activity.
They had contended that the policy of stilt-plus-four was notified in 2019 without any modification in the Haryana Building Code. This notification had been given effect to by an executive action and not by legislative process. Proper mechanism was not put in place by the official respondents.
“The National Building Code was diluted by the executive and 2019 policy was implemented to accommodate the builders and investors without proper scientific studies on the impact, particularly in the existing sectors where the adjoining buildings are having their foundations more than 20 to 30 years old. The Haryana Apartment Act was not amended and stilt-plus-four storey was permitted by executive action,” the petitioners submitted.
Seeking directions to the respondents to take strict and immediate action against the respondent for illegal, unauthorized construction without compliance of the relevant building codes –Haryana Building Code 2017 and National Building Code 2016, the petitioners had added they were living under continuous fear that their weakened house structure could fall anytime.
The petitioners stated they came to know in 2020/2021 that the adjacent plot with an old single-storey structure had been purchased. The new owner had demolished the old structure and started digging the basement and foundation alongside the common wall with JCB machines.
The petitioners raised their objections verbally to the persons present there that it would be dangerous to their building if the existing foundations were disturbed. It was further contended there was an extensive damage to their house/building due to negligent and illegal construction.
