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Lack of concurrence between Chandigarh departments?

HC puts CITCO on notice over Sec 10 residents’ plea on Mountview gate

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Saurabh Malik
Tribune News Service
Chandigarh, July 13

One wing of the UT Administration, it seems, is not listening to the other. The Chief Architect, Department of Urban Planning, has advised the CITCO Managing Director to close a gate on the rear boundary wall of Hotel Mountview. So far, the issue raised by the department concerned has apparently neither been acknowledged nor redressed.

It has compelled the Residents Welfare Association of Sector 10 and other petitioners to approach the Punjab and Haryana High Court by filing a writ petition against CITCO and other respondents.

Taking up the petition, the Division Bench of Justice Tejinder Singh Dhindsa and Justice Vivek Puri today put CITCO and certain other respondents on notice. The Bench also fixed August 16 as the next date of hearing in the matter.

Appearing before the Bench, senior advocate Akshay Bhan and Rohit Nagpal contended that the site in question was under the ownership of the UT. “A situation has arisen whereby one department of the UT is refusing to acknowledge and redress an issue that has been raised by the relevant department — the Department of Urban Planning — pursuant to a complaint having been made by residents of the area,” Bhan added.

The Bench, during the course of the hearing, observed that the Residents Welfare Association, Sector 10, had filed the petition as it was aggrieved by the gate permitted on the rear-side wall of Hotel Mountview run under the aegis of CITCO.

The Bench also took note of the submissions that the rear side of the hotel was abutting a narrow V-6 internal sector road and was surrounded by houses. The CITCO management leased out a part of the hotel to a private party to operate a gym and spa facility. It, in turn, allowed the private party to create an entry by breaking the rear boundary wall of the hotel to facilitate direct access to the gym and spa facility.

“The precise contention raised is that such an entry in the rear wall of the hotel is not in consonance with the approved zoning plan of the area in question. To substantiate such a contention, reliance has been placed upon documents whereby the Chief Architect, Department of Urban Planning, UT Administration, has advised the Managing Director, CITCO, to close the gate in question so as to abide with the approved zoning clauses of the site,” the Bench observed.

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