SC grants interim relief to Gurugram residents on unauthorized constructions
04-Apr-2025 07:28 PM 4786
New Delhi, Apr 4 (Reporter) In a major relief to residents of Gurugram's DLF City (Phase 1-5), the Supreme Court on Friday ordered that the status quo be maintained concerning over 4,000 unauthorized constructions. This comes in response to a recent directive by the Punjab and Haryana High Court instructing authorities to take "prompt action" against these constructions within two months. A bench comprising Justice JK Maheshwari and Justice Aravind Kumar also issued a notice on a batch of petitions filed by affected residents. These petitioners were reportedly not parties to the original proceedings before the High Court and feared losing their properties without being heard. "In the meantime, until the next date of listing, status quo, as it exists today, shall be maintained by the parties. In view of the order of status quo passed today, we make it clear that the petitioners shall also not raise any construction," the Supreme Court order stated. Many of these residents, including owners and occupiers of approximately 2,100 units, faced imminent sealing and demolition, scheduled to begin today. The Court’s interim relief halts any coercive action until further directives are issued. On February 13, 2024, the Punjab and Haryana High Court issued a writ of mandamus directing Haryana authorities to take "prompt action" against unauthorized constructions within two months. The case originated from petitions filed by the DLF City Residents Welfare Association and DLF-3 Voice in 2021. These petitions sought action based on a 2018 Action Taken Report regarding complaints against unauthorized constructions and a Memo from the District Town Planner (Enforcement) recommending the cancellation of occupation certificates for violators and disconnection of their utility services. The High Court highlighted that these illegal constructions were in blatant violation of the Zoning Plan, Building Bye-Laws of 2016 and 2017, and the Haryana Building Code. The court warned that if such haphazard and unplanned developments were not curbed, Gurugram's infrastructure—including potable water supply, sewerage, air quality, transport, and electricity—would face total collapse. Additionally, the High Court acknowledged the role of the local administration in facilitating these violations. It observed that a "powerful lobby" of land mafias, with the connivance of officials, was rapidly changing the character of the colony. "It is 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 and unauthorized constructions/illegal developments; which are coming up at an alarming rate right under their nose," the bench remarked. Challenging the High Court's order, multiple petitions were filed before the Supreme Court, raising key contentions that the High Court passed adverse orders without granting affected property owners an opportunity to be heard, violating the principles of natural justice. Civil suits filed by the owners before the trial court, where injunction orders were issued, were summarily dismissed by the High Court. Instead of blanket action, the High Court should have distinguished between compoundable and non-compoundable violations based on established legal precedents. Allegations of proxy litigation orchestrated by DLF Ltd. to evict EWS (Economically Weaker Section) residents from DLF Phase V should have been investigated before issuing sweeping directives that disproportionately impacted them. Supreme Court's order maintaining the status quo have secured temporary relief to the affected residents. Further proceedings will determine the future course of action regarding unauthorized constructions in Gurugram’s DLF City...////...
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