December 05, 2018 07:20 PM

Chandigarh (Subhash Jindal)

Civil Writ Petition (by way of a PIL) under Article 226 of the Constitution of India, for seeking the issuance of a Writ of Mandamus, or a Writ of Prohibition, or any other appropriate writ, direction or order, for restraining the respondents from permitting marriage functions in Phase-III of Rock Garden, Chandigarh, inter-alia, for the reasons that (i) the Capitol Complex, including Rock Garden in Sector 1, Chandigarh, have been declared as silence zones vide notification (Annexure P-6/1) dated 19.1.2005; and (ii) by throwing open Phase-III of the Rock Garden to marriage functions by respondent-Administration has totally ignored the fact that a large number of tourists, including foreign tourists are prevented from visiting Phase-III of the Rock Garden Chandigarh, during their visit to the said Rock Garden, and therefore, go back disappointed;

  And to restrain the respondents, by way of interim direction, from permitting the celebration of marriage functions in Phase-III of Rock Garden, Chandigarh, during the pendency of the instant Civil Writ Petition.

Petition which was filed through H.C.Arora Advocate said, PIL in relation to a matter of utmost public interest and public importance in this Hon’ble Court, which have been entertained and allowed. The petitioner is a non-political person. The Rock Garden Chandigarh is famous world wide for its sculptures and large number of visitors from the other countries also visit the Rock Garden almost every day.

The petitioner has filed the instant Civil Writ Petition after submitting a representation to the Advisor to the Administrator UT Chandigarh through e-mail on 18.11.2018, which has not attracted any response from the said respondent. The instant Civil Writ Petition therefore meets the requirement of the directions issued by this Hon’ble Court in CWP No. 15987 of 2013.  In his petition Mr. Gar said, it may be submitted that Rock Garden is the only sculpture garden of its nature in the country. It is also known as Nek Chand’s Rock Garden after the name of its founder, Sh. Nake Chand. The Rock Garden is spread over an area of 40 acres of land. It is completely built of industrial and home waste and thrown-away items. It is adjoining Sukhna Lake. It consists of man-made interlinked waterfalls and many other sculptures that have been made of scrap and other kinds of wastes (bottles, glasses, bangles, tiles, ceramic pots, sinks, electrical wastes, broken pipes etc.), which are placed in walled paths. It also needs be stated that Sh. Nek Chand acquired world wide fame on account of Rock Garden and was invited by many other countries of the world to set up such Rock Gardens in those countries also. It is for this reason that hundreds of foreigners also visit Rock Garden every day. As a matter of fact, many thousand visitors visit the Rock Garden every day.

Chandigarh Administration had thrown open the Rock Garden to marriage functions. However, on 19.6.2017, the Chandigarh Administration had forbidden the organization of wedding events at the Rock Garden Chandigarh completely in a move to protect the heritage property for the coming future. The decision was taken due to consideration that residual mess that is left afterwards when a wedding function was over, presented a very ugly picture. The garbage remained unattended for so many days after the function, which marred the beauty and perfection of Rock Garden. Besides, notwithstanding the fact that only third Phase of the Rock Garden was thrown open for holding the weddings, the caterers could be seen preparing meals and peeling vegetables right in the middle of the area.

In his petition Mr. garg said,  recently the Chandigarh Administration Home Secretary, without any fan fare, has again allowed the weddings in the third Phase of the Rock Garden. As per the news report of “Indian Express” dated 23.11.2018, Annexure P-7, , during the last 6 weeks after Chandigarh Administration re-allowed weddings at the Rock Garden, at least 2 high profile functions have taken places. On 19.11.2018, the wedding of daughter of Sh. Mukesh Anand, Special Secretary (Engineering) Union Territory Chandigarh took place in Rock Garden in Phase-III, while on 22.11.2018, the marriage of Haryana’s Agriculture Minister, Sh. Om Prakash Dhankar’s son took place in the Rock Garden.  

Petitioner seeks from Highcourt to to restrain the respondents, by way of interim direction, from permitting the celebration of marriage functions in Phase-III of Rock Garden, Chandigarh, during the pendency of the instant Civil Writ Petition, 


1957-1976 Rock Garden was set up by Late Sh. Nek Chand, a Government official, initially over an area of 12 acres of land, which, after full development, now covers an area of around 40 acres of land.
19.1.2005 The Chandigarh Administration vide notification, Annexure P-6 , declared certain areas in Sector 1, including Capitol Complex as well as Rock Garden, as silence zone .
19.6.2017 The Home Secretary, Chandigarh Administration, banned the organization of wedding parties in Phase-III, Chandigarh, for various reasons, including for the reason that due to celebration of wedding parties, the third Phase of Rock Garden had to be closed to the visitors, which also includes foreigner visitors, and after marriage parties were over, a lot of dirt and filth was scattered in the area. Not withstanding that most of the parties were celebrated during night hours, yet the third Phase of Rock Garden remained closed to the visitors even during day time also as the concerned organizers had to make preparation for organizing the wedding parties well in advance.
9.10.2018 The Chandigarh Administration had again thrown open the third Phase of Rock Garden to wedding parties. 

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