HC slams Haryana 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 haphasard and unplanned development will lead to total collapse of infrastructure in Gurugram if not stopped.

The assertion by the Bench of Justice Sureshwar Thakur and Justice Vikas Suri came on a bunch of two petitions filed by 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 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 the photographs enclosed clearly 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, byelaws and other statutory provisions.

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

The allocations, made under policies aimed at benefiting individuals from the EWS category, were being subverted by illegal constructions that defeated the very purpose of such allotments. These unauthorised structures were not only eroding the original planning framework but also undermining the ethos of urban development.

Referring to an action taken report dated November 19, 2018, submitted in the matter by the officials following a complaint, the Bench observed 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 asserted

The Bench added perusal of the second action taken reports dated February 22, 2019, showed absence of concrete action despite the elapse of substantial time. Mere reiteration of earlier ATR’s contents, rather, reflected “casual approach adopted by the official respondents”.

The court added that the official respondents had been dilly-dallying the matter for the past more than two years on one pretext or the other, while offering false assurances to the petitioners. The Bench observed 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.

No action on illegal constructions in DLF Phase III despite 2018 memo

The Bench observed substantial steps were not taken by 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 unauthorized constructions / illegal developments; which are coming up at an alarming rate right under their nose. Still further, the illegal and unauthorized constructions /developments are also in clear violation of the Zoning Plan, Building Bye Laws, 2016/ Building Bye Laws, 2017/ Haryana Building Code,” the Bench asserted.