Saurabh Malik

Tribune News Service

Chandigarh, December 3

The Punjab and Haryana High Court has issued a notice of motion to Municipal Commissioner KK Yadav, Deputy Commissioner Mandip Singh Brar and other functionaries, asking them to explain why contempt proceedings should not be initiated against them for non-compliance of an order dated February 13 last year.

The matter pertains to the construction of a triple-storey “serai” building by Radha Krishna Mandir in Sector 18-C, Chandigarh.

Justice Nirmaljit Kaur also fixed February 17 as the next date of hearing in the matter. The High Court had, on February 13, 2019, directed that the temple management would not carry out any exercise for strengthening the structure without associating the officers of the Municipal Corporation and the Estate Office and in accordance with the building plans.

Petitioner Amit Gupta alleged despite being aware of specific directions issued by the High Court, temple management committee president SL Goel illegally and in violation of the same deliberately started making alterations to the triple-storey unsafe and dangerous building’s structure from October 2020.

He added the same was continuing on a daily basis putting it to further great risk, besides danger to its stability evident from a perusal of photographs taken on October 22. The petitioner added that there was no “building plan” for the building constructed on encroached land basically meant for green belt/park.

The respondent-president was also aware that the building was unsafe and dangerous to the lives of people residing in the adjoining houses. “Despite this, he has illegally played with the structure without there been building plan and without associating the authorities, in gross deliberate and wilful violation of the order dated February 13, 2019”.

The petitioner added the respondent, as per his understanding and knowledge, had not even sought approval from the authorities for strengthening the ‘serai’ building structure in accordance with the building plans. Even otherwise, approval could not be granted by the authorities without the approved building plans.

He added the official respondents were also be held guilty of contempt by permitting the work and turning a blind eye to the exercise being undertaken.