Court Upholds Compliance with Original Building Bye-laws, Denies Transition from Hotel to Commercial Status
In a significant ruling, the Punjab and Haryana High Court has dismissed a writ petition filed by Chopra Hotels Pvt. Ltd., which sought to change the usage of their already constructed hotel building to a commercial building under the Punjab Unified Building Rules, 2025. The court, presided over by Justice Harsh Bunger, emphasized that the petitioners could not exploit non-compliance with existing building bye-laws to their advantage.
The case centered around Chopra Hotels' request to revise their building plans post-construction to align with the new 2025 rules, which reduced the required front setback for commercial buildings. However, the court noted that the hotel's construction was completed without adhering to the permissible 20% front setback, recording only 15.37%. The petitioners' request for relaxation of these norms had already been denied by the competent authorities.
Justice Bunger reiterated that the 2025 rules, whose operation had been suspended by a previous court order, could not be applied retrospectively to legitimize the petitioners' non-compliance. He emphasized that the original building plans, sanctioned in 2011 under the 2010 bye-laws, remained valid and governed the project.
The court also highlighted ongoing legal proceedings involving the hotel, including environmental compliance issues pending before the National Green Tribunal, as per the Supreme Court's directions. This context further supported the decision not to alter the building's usage, which would have interfered with these proceedings.
In conclusion, the court ruled that allowing the change in building usage would effectively reward the petitioners for their initial violations, setting a concerning precedent. The judgment underscores the judiciary's commitment to uphold regulatory compliance and prevent misuse of legal provisions to rectify past infractions.
Bottom Line:
A writ petition seeking change of building usage from 'hotel building' to 'commercial building' under Punjab Unified Building Rules, 2025 was dismissed by the court. The court held that the petitioners cannot take advantage of their own non-compliance with the building bye-laws and rules.
Statutory provision(s): Article 226 of the Constitution of India, Punjab Unified Building Rules, 2025 (Rules 15 and 16), Building Bye-Laws, 2010 and 2018, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Punjab Municipal Corporation Act, 1976
Chopra Hotels Pvt. Ltd. v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2866967
