HC raps state for 'dilly-dallying' on illegal construction in Gurugram

Rapping Haryana for “casual approach” and dilly-dallying action against unauthorised constructions, the Punjab and Haryana High Court has asserted that haphazard and unplanned development will lead to total collapse of infrastructure in Gurugram.

The assertion by the Bench of Justice Sureshwar Thakur and Justice Vikas Suri came on petitions filed by the DLF City Residents Welfare Association and other petitioners, alleging illegal constructions in and around Gurugram, especially in DLF Phase I to V.

The Bench also directed the authorities to take prompt action against unauthorised constructions in DLF Phases I-V and conclude proceedings within two months. The direction came as DLF Ltd. clarified that illegal construction, if any, was carried out by individual allottees.

The Bench observed that the photographs enclosed demonstrated blatant transgression of the population/ density norms prescribed by the State, in addition to the terms and conditions of the layout/ building plans, approvals, bylaws and other statutory provisions.

The Bench added that unauthorised constructions were mushrooming in licensed colonies, particularly in economically weaker section (EWS) flats and plots.

Referring to an action taken report dated November 19, 2018, submitted in the matter by officials following a complaint, the Bench said it was decided to consider cancelling occupation certificate of properties with unauthorised construction after conducting a survey of DLF Phase III. Initiation of criminal proceedings was also recommended.

The Bench court also took note of the inadequate enforcement measures, while pointing out that a demolition drive was carried out against only two properties and an illegal mobile tower in DLF Phase III, despite the fact that unauthorised structures had been raised on more than a thousand buildings.

“The official respondents ought to have identified the violations throughout the area and should accordingly have carried out an extensive demolition drive to proceed against the aforesaid unauthorised construction,” the Bench said.

The Bench said the authorities were unable to take prompt action due to civil courts entertaining suits despite a clear jurisdictional bar under the relevant provisions of law. Such suits were being mechanically stayed, obstructing enforcement of statutory orders.

The Bench then directed civil courts entertaining such suits to first consider objections regarding their maintainability in light of the jurisdictional bar.

Among others, the Bench was assisted by senior advocates Anand Chhibbar and Amit Jhanji.

No action despite 2018 memo

The Bench said substantial steps were not taken by the authorities concerned, despite a 2018 memo recommending action against unauthorised constructions and commercial misuse of residential properties in DLF Phase III. “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 unauthorised constructions/illegal developments; which are coming up at an alarming rate right under their nose,” the Bench said.