The Supreme Court on Wednesday upheld a decision of the Punjab and Haryana High Court directing the Chandigarh administration to construct a verandah in front of Courtroom No. 1, ruling that the addition would not infringe upon UNESCO’s heritage guidelines applicable to the Capitol Complex.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the Chandigarh administration’s challenge to the High Court’s 2024 and 2025 orders, stating that the proposed verandah is consistent with the architectural design of pre-existing verandahs in front of courtrooms 2 to 9 and would not compromise the site’s heritage value.
The Chandigarh Capitol Complex, designed by the legendary Swiss-French architect Le Corbusier and declared a UNESCO World Heritage Site in 2016, includes the High Court, the Secretariat, and the Legislative Assembly. The administration had raised concerns that constructing a new verandah without prior approval from the UNESCO World Heritage Committee could endanger the complex’s heritage status.
However, the top court emphasized that the construction in question is a minimal and protective measure that can be carried out in alignment with the heritage aesthetics. The bench clarified that “if so required, the administration would not be precluded from seeking ex-post facto approval” from UNESCO.
The court also noted that no evidence was provided to show the administration had ever formally reached out to either the Foundation Le Corbusier or UNESCO to seek prior approval for the construction. It observed that the proposal to construct a verandah in front of Courtroom No. 1 had been under consideration since 1956 but remained unrealized due to lack of consent from the then Chief Justice.
Addressing concerns about the structural integrity and aesthetics, the court remarked that modern architecture allows for innovative solutions. “The additional verandah could even be in the form of a collapsible or removable structure, if so required,” the court observed.
The Solicitor General of India, Tushar Mehta, appearing for the Chandigarh administration, clarified that the administration was not opposed to the verandah per se but had reservations regarding the procedural requirement of obtaining prior UNESCO approval.
Senior advocates Nidhesh Gupta and P.S. Patwalia appeared for the High Court and as amicus curiae respectively.
The apex court also supported the High Court’s decision to place green paver blocks in the open parking area to mitigate dust pollution and enhance the site’s environmental quality. It recognized the pressing need for better parking infrastructure, citing data that nearly 3,000 to 4,000 vehicles access the court premises daily, far exceeding its designed capacity.
The court directed that while laying the paver blocks, the administration may consult landscaping experts and plant suitable trees to optimize parking space and increase green cover.
Finally, the Supreme Court put on hold the High Court’s contempt proceedings against the Chandigarh administration for 12 weeks to enable compliance with its orders.
