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Supreme Court of India 2023-01-10 allowed

AND ANOTHER vs THE UNION TERRITORY OF CHANDIGARH

Bench: 2 — B.R. Gavai, B.V. Nagarathna

In Brief

This case concerns the preservation of Chandigarh, Le Corbusier's iconic planned city, against illegal apartment conversions. Developers were purchasing single-dwelling-unit plots, constructing three separate apartments on different floors, and selling them to different buyers through share transfers and private arrangements. The High Court held this did not constitute prohibited fragmentation. The Supreme Court reversed this, holding that such conversions—whether by direct subdivision or indirect methods—are illegal under Chandigarh's development rules. The Court emphasized Chandigarh's heritage status, Le Corbusier's principles of Sun, Space, and Verdure, and the statutory ban on fragmentation. Any future re-densification requires Heritage Committee approval. The Court also stressed the need for mandatory environmental impact assessments before urban development.

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Urban Planning and Development Heritage Preservation Property Law and Transfer Constitutional Law Environmental Law Statutory Interpretation Administrative Law Civil Procedure Master Plan Compliance Planned City Development

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