High Court Orders Crackdown on Illegal Construction in Gurgaon to Prevent Infrastructure Collapse | Chandigarh News

CHANDIGARH: In a massive crackdown on unauthorised construction in DLF Phase I to V, Gurgaon, violating the building bylaws, the Punjab and Haryana High Court ordered the authorities to take action against the violators.
The HC observed that the illegal and unauthorised constructions and developments are in clear violation of the Zoning Plan, Building Bye Laws, 2016, Building Bye Laws, 2017, and Haryana Building Code.
If such haphazard and unplanned development is not stopped, it will lead to a total collapse of the infrastructure of Gurugram, including potable drinking water, sewerage, air quality, transport, electricity, and other common infrastructure and amenities.
Upset over the inaction by the local authorities in taking action against the unauthorised construction, the HC observed that a powerful lobby of certain groups and land mafia are ruining the very basic character of the developed colony in active connivance with the local administration and official respondents.
This is happening because the authorities have turned a blind eye and are permitting such illegal and unauthorised constructions and developments, which are coming up at an alarming rate right under their noses.
The HC also ordered the closure of the civil suits filed by the encroachers before the local court. “The civil courts concerned, who are entertaining the civil suits regarding those subject matters, there is a statutory jurisdictional bar, are directed to, after considering all the objections against the maintainability of such filed civil suits, raise an apposite preliminary issue, and decide the said struck preliminary issue within two months,” the HC ordered.
Regarding the removal of unauthorised construction and action against encroachers, the HC set a deadline of two months with directions to the authorities to submit a compliance report to the HC by April 19. A division bench comprising Justice Sureshwar Thakur and Justice Vikas Suri passed these orders while disposing of a petition filed by DLF City Residents Welfare Association and another.
The petitioner association raised the issue of illegal constructions in and around Gurugram, especially in DLF Phase I to V.
The petitioners highlighted the flagrant violation of the population and 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, which are blatantly transgressed.
The petitioners sought directions to take action in furtherance of the Action Taken Reports (ATRs) dated November 19, 2018, February 22, 2019, and a memo dated August 25, 2018, passed by the District Town Planner (Enforcement).
After taking note of the unauthorised construction in areas of DLF City, Gurgaon, the authorities recommended the cancellation of the occupation certificates of those who raised unauthorised construction, registration of criminal cases against the said persons, and disconnection of electricity, water, and sewerage connections of such persons.
Recommendations were also made for the removal and demolition of the illegal and unauthorised construction in the form of five to seven-storey buildings and structures in DLF City, Gurgaon. However, no action has been taken.
The HC was informed that the unauthorised constructions within these EWS Flats and Plots are completely destroying the very object and intent of such allotments, the original planning, and the ethos of any urban planning.
The violations
In the general category, there are 11,008 plots, of which 2,344 are vacant, 331 are under construction, in 1,055 plots construction was done beyond permissible FAR and additional floors, 340 plots are being used for commercial purposes, and in 95 plots construction is beyond the permissible area and are used for commercial purposes.
Similarly, in the EWS category, there are a total of 3,749 plots, of which 501 are vacant, and in 2,693 plots construction was made beyond permissible FAR, and the area is being used for commercial purposes. The nature of violations is non-compoundable as in EWS category plots no setbacks have been let out. Up to eight-storey buildings have been raised.
Powerful lobby ruining developed colony
“A powerful lobby of certain groups and land mafia are ruining the very basic character of the developed colony in active connivance with the local administration and official,” HC.