Hemant Gupta, J. - (1.) THE petitioner, a practicing Advocate of this Court, has invoked the extra -ordinary writ jurisdiction of this Court, challenging the amendment in the Zoning Plan of Sector 36 -D, Chandigarh vide Notification dated 9.11.2005. The petitioner claims to be owner of a 2 kanal house on plot No. 1546, Sector 36 -D, Chandigarh. The grievance of the petitioner is that the Administration has permitted construction of a double storey servant quarters i.e. upto the 1st level in Phase -II Sectors of Chandigarh vide Notification dated 9.11.2005 amending the earlier Zoning Plan dated 17.9.1968. The grievance of the petitioner is that by amending the Zoning Plan, the Administration has permitted the construction of double storey servant quarters, which will invade the privacy of the inmates in the vicinity of such double storey servant quarters. The petitioner also challenges such amendment on account of the potential of misuse of the servant quarters by letting them out to Paying Guests, which invariably raises the noise level and often leads to hooliganism in the area.
(2.) THOUGH the petitioner has made multiple references to the Chandigarh Administration to seek information in respect of the permission to raise the height of the area of the servant quarters, however, such fact loose (sic lose?) significance in view of the directions issued by the Chief Administrator under Section 4 of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act' on 26.2.2002. The relevant extracts from the said notification would read as under: - "In Phase -II Sectors in 2 kanal houses zoning for servant quarters shall be allowed as in the case of zoning in Phase -I sectors except in house abutting V3 road, where at least a minimum 15' -9" wide space shall be left open between proposed servant blocks and the rear boundary wall to maintain a uniform street picture." In terms of such clause, the Zoning Plan has been amended, which has been approved by the Finance Secretary on 20.9.2005. The relevant Note in the Zoning Plan, attached by the petitioner with the writ petition as Annexure P. 15, reads as under: - "As per Notification dated 26.2.2002 under para No. 6, the additional zoned area for servant quarter in two kanal houses in Phase -II Sector has been allowed as marked [ - - - - -] of height 24' -9" on this plan, in view of amendments approved by the Finance Secretary's Memo No. 1849 -UTF1(3) -2005/6718 dated 20.9.2005."
(3.) A perusal of the directions (Annexure P. 17) shows that the Zoning Plan for servant quarters in 2 kanal house in Phase -II Sectors of Chandigarh was allowed as in zoning in respect of houses in Phase -I Sectors. The zoning for the houses in Phase I was approved on 8.1.2001, which was published in the Chandigarh Administration Extraordinary Gazette on 22.1.2001. The relevant extracts from the Gazette read as under: - "In continuation of Chief Administrator's Office order dated 23rd July, 1992 issued - vide the endorsement No. 30/18/UTI/CHD/92/6790 dated 23rd July, 1992 and in exercise of the powers conferred under Section 4 of the Capital of Punjab (Development and Regulation) Act, 1952, the Chief Administrator, Union Territory, Chandigarh, hereby orders that the height of annexe of 1 kanal houses and above in Phase I sectors shall be increased upto the maximum height of 24' -9" in the single storey zone for construction of double storey buildings.";