Chandigarh Administration Introduces New Guidelines for Demolition of Illegal Structures

The Chandigarh administration has taken a significant step toward streamlining the demolition of illegal structures by introducing fresh guidelines to standardize the process. These new directives aim to ensure transparency, proper record-keeping, and strict adherence to legal frameworks when addressing unauthorized constructions in the city.

The estate department, which oversees property regulations in Chandigarh, has mandated that the office of the deputy commissioner (DC) maintain a digital record of all demolition notices issued. This record-keeping system will include an auto-generated acknowledgment, ensuring that all actions taken are well-documented and traceable. Additionally, the DC’s office is now required to designate a nodal officer responsible for communicating demolition orders to relevant authorities. These orders must specify the violations committed by the building in question.

The new guidelines were issued on March 5, 2025, following the directives of the Supreme Court and in alignment with the Punjab and Haryana High Court’s legal recommendations. These rules apply to residential and commercial properties under the jurisdiction of the Chandigarh estate office, the Chandigarh Housing Board (CHB), the municipal corporation, and the DC’s office.

Key Features of the New Guidelines

The updated guidelines focus on ensuring that legal measures are taken at every stage of property construction and use. The directives emphasize several key areas:

1. Strict Verification During Building Approvals:

Before granting planning permission for a new construction, builders or applicants must submit an undertaking confirming that the building will be handed over only after obtaining a completion or occupation certificate from the relevant authority.

2. Mandatory Display of Approved Plans:

Builders, developers, or property owners must display a copy of the officially approved building plan at the construction site throughout the construction period. The concerned authorities must conduct regular inspections and maintain records of these site visits.

3. Regulation of Essential Services:

Services such as electricity, water supply, and sewage connections will only be granted after the production of the necessary completion or occupation certificates. This measure aims to prevent unauthorized buildings from availing of government services.

4. Restrictions on Business Operations in Illegal Structures:

No business activity can be conducted in unauthorized buildings. This restriction applies to all unauthorized constructions, whether residential or commercial.

5. Loan Approval Linked to Legal Compliance:

Financial institutions will only approve loans against buildings that have obtained their completion or occupation certificates. This ensures that banks and lenders do not support illegal constructions.

Demolition Process and Safeguards

To ensure that demolition is conducted fairly and legally, the new guidelines establish strict procedures:

• Show-Cause Notice Requirement: No demolition will be carried out without first issuing a show-cause notice to the property owner or occupant.
• Time for Response: The notice is returnable within a stipulated period set by municipal laws or within 15 days of being served.
• Notice Delivery Procedure: The show-cause notice must be served upon the owner or occupant via registered post to maintain a verifiable record.
• Digitalization of Notices: To prevent allegations of bias or backtracking, copies of all show-cause notices will be sent to the collector or district magistrate (DM) for digitalization.

Provision for Personal Hearings

The updated guidelines also include provisions for a fair hearing process. The designated authority must provide an opportunity for a personal hearing to individuals facing demolition orders. The hearing minutes must be officially recorded. Additionally, if the law permits an appeal, the order will not be implemented for at least 15 days, allowing property owners the chance to seek legal recourse.

Exemptions Under the Guidelines

The administration has clarified that these guidelines will not apply to unauthorized structures built in public places such as roads, streets, footpaths, areas adjacent to railway lines, or near rivers and water bodies. Furthermore, buildings subject to demolition orders issued by a court of law are also excluded from these directives.

Objective of the New Guidelines

The Chandigarh administration’s move to digitize demolition-related processes aims to create a fair and efficient system for dealing with unauthorized constructions. By enforcing stricter regulations, maintaining digital records, and implementing a structured communication protocol, the administration seeks to curb illegal constructions while ensuring due process is followed.

These guidelines reinforce the city’s commitment to planned urban development and legal compliance in the real estate sector. Property owners and developers must now strictly adhere to building regulations, ensuring their projects meet all legal requirements before initiating construction or occupation. This step is expected to create a more transparent and accountable regulatory framework in Chandigarh’s urban planning and development landscape.