Taking cognizance of a writ petition filed by Council of Engineers, though its President, Kapil Arora, and some individual Civil Engineers. The High Court Bench comprising Justice Rakesh Kumar Jain today directed that finalization of “Punjab Municipal Buildings  Bye-laws, 2017” shall remain stayed till next date of hearing on September 11, 2017, while issuing notices to Punjab Government, Additional Chief Secretary, and Director, Local Government, Punjab for the said date.

The petitioner-association has contended that Additional Chief Secretary, Local Government, Punjab had issued a notification on May 2, 2017, inviting objections or suggestions from public before finalizing the aforesaid bye-laws, which are to be applied to the building activity in the Municipal areas of all Municipal Corporations, Councils, Nagar Panchayats. 

The petitioner-association submitted its objections through a representation on May 2, 2017 to the Additional Chief Secretary, which are not being considered by the respondent-State Government, which is clear from the fact that a meeting was called and held on September 4, 2017 under the Chairmanship of the Local Bodies Minister, Navtej Sidhu, wherein only the representatives from architects were invited, but the representatives of petitioner-association were not invited, despite a demand notice  on August 22, 2017 sent by the petitioner-association asking that it should be given a chance to participate in the meeting to enable it to give its suggestions.

The main grievance of the petitioners is that under the draft bye-laws, only the architects are entitled to submit map plans/lay out plans of buildings, and civil engineers are not entitled to do so, thereby giving hostile and discriminatory treatment to the members of petitioner-association. 

 The Counsel for the petitioners argued that the respondents are proceeding in this matter with a closed mind. He also argued that under the 2009 judgment of Supreme Court, and also under the National Building Code, evolved in pursuance thereto, only the Government certified engineers are competent to prepare the building plans for Schools. Thus, the civil engineers cannot be disqualified from submitting lay out plans, map plans for buildings to the Municipal authorities.