Order of the Punjab and Haryana High Court regarding unauthorized constructions in areas of DLF City, Gurugram, Haryana, 13/02/2025
Order of the Punjab and Haryana High Court in the matter of DLF City Residents Welfare Association & Others Vs State of Haryana & Others dated 13/02/2025.
The matter related to unauthorized constructions in areas of DLF City, Gurugram. Some of the illegal and unauthorized construction included five to seven storey buildings/ structures in DLF City, Gurugram.
The petition filed by the DLF City Residents Welfare Association raised the issue of illegal constructions in and around Gurugram and especially in DLF Phase I to V. The photographs appended with the petition clearly demonstrates that there is a flagrant violation of the population/ density norms prescribed by the state of Haryana and also the terms and conditions of the layout plans/ building plans approvals/ bye laws and other statutory provisions rather do also become blatantly transgressed.
The unauthorised constructions are primarily coming up in various licenced colonies, especially in the area comprising EWS (Economic Weaker Section) Flats/ Plots. The allotment of Flats/ Plots to Economically Weaker Sections is made under the policies framed for the persons belonging to the EWS Category. The unauthorised constructions within these EWS Flats/ Plots are completely destroying the very object and intent of such allotments, the original planning and ethos of any urban planning.
It is averred that the official respondents are permitting such activity which is not only in violation of the laws and bye laws but is also an extra burden on the infrastructure and is permitting backdoor entries of many unauthorised persons and ruining the basic object and intent of planned development as envisaged under the various development laws operating within the State namely, Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred as ‘the Act of 1975’) & 1976 Rules framed thereunder; the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 & 1965 Rules framed thereunder and also the Haryana Apartment Ownership Act, 1983 and the Rules framed thereunder.
The facts were brought to the notice of the authorities vide complaint dated February 20, 2018. In response to the complain, an enquiry was conducted by the authorities, which culminated into the action taken report dated November 19, 2018.
A perusal of the said report would show that after conducting a primary survey of DLF Phase II, it was decided to consider cancelling the occupation certificate in regard to the properties, upon which unauthorized construction was being raised. Further, it was also recommended that criminal cases be registered against the violators responsible for the illegal constructions. A further perusal of the said report would show that a demolition drive was carried out in respect of only two properties and one illegal Mobile Tower in DLF Phase III, Gurugram, in ignorance of the fact that in reality there were more than thousand buildings upon which unauthorized structures had been raised and therefore the same also deserves to be demolished.
The court noted that the authorities should have identified the violations throughout the area and accordingly carried out an extensive demolition drive to proceed against the unauthorized constructions. After a period of three months, another action taken report dated February 22, 2019 was issued by the authorities. A perusal of the same would show that even after the lapse of substantial time, no concrete actions were taken by the officials. A memo dated August 25, 2018 issued by the office of DTP (Enforcement) to DTP (Planning) observing therein that various property owners in DLF Phase II Gurugram had been raising unauthorized constructions beyond the permissible zoning limits, in their respective properties and further that some of these residential properties were also being illegally used for commercial purposes.
The High Court said that it was amply clear that a powerful lobby of certain groups/land mafia are ruining the very basic character of the developed colony in active connivance with the local administration/ official respondents that too only because the authorities have turned a blind eye and are permitting such illegal & unauthorised constructions / illegal developments; which are coming up at an alarming rate right under their nose.
Still further, the illegal & unauthorised constructions /developments are also in clear violation of the Zoning Plan, Building Bye Laws, 2016/ Building Bye Laws, 2017/ Haryana Building Code and in case such haphazard and unplanned development is not stopped it will lead to total collapse of over infrastructure of Gurugram including but not limited to potable drinking water, sewerage, air quality, transport, electricity, other common infrastructure and other facilities and amenities, the court said.
The Punjab & Haryana High Court has issued a writ of mandamus to the Haryana state authorities, asking them to take “prompt action” against over 4,000 unauthorized constructions in Gurugram's DLF City, within two months.