SC sets aside Punjab & Haryana HC order for removal of unauthorised constructions in Gurugram

The Supreme Court has set aside a Punjab and Haryana High Court order for removal of unauthorised and illegal constructions in Gurugram's DLF City, saying such a sweeping direction can't be issued without affording an opportunity of hearing to the owners who were not made parties to the proceeding.

“It goes without saying that opportunity of hearing is a sine qua non for fair administration of justice and the observations of the court should not adjudicate the rights of any parties unheard,” a Bench of Justice JK Maheshwari and Justice Vijay Bishnoi said, setting aside the February 13, 2025 order of the high court.

DLF Cyber City is a commercial area in Gurugram, Haryana, where offices of several top IT and Fortune 500 companies are situated.

While setting aside the HC order, the top court directed restoration of the writ petitions before the high court and directed the appellants to move appropriate application within two weeks from the date of uploading of this order and file their response. After affording opportunity of hearing, appropriate orders would be passed by the High Court, it said in its October 28 order.

"We make it clear that if any person who is going to be affected applies to the High Court within the time as specified, they would also be permitted to join. The authorities of the state are at liberty to give wide publicity to this order for joining of the affected persons in the PIL," the Bench said, adding, in case the affected persons did not apply to join in two weeks, the high court may examine the issue and would be at liberty to take decision.

Noting that unauthorised or illegal construction for commercial use of residential property contrary to the norms, rules and regulations cannot be protected, the Bench said, “But the determination of such fact ought to be made by the authorities affording a due opportunity to the owners and occupiers. In the present case, the direction, as issued by the High Court, either with respect to the jurisdiction of the civil court or for removal of the constructions appears to be without joining the appellants as party in the writ petition.”

“It suffices to observe that the appellants may bring into the notice of the court or of the authorities that the violation as alleged is not justified and its adjudication by the court or by the authorities is necessitated,” the Bench noted.

The high court had directed the authorities to take action within two months under Section 15 of the Haryana Development and Regulation of Urban Areas Act, 1975.

The state government had highlighted several violations in construction by inhabitants of the area and complained that residential areas were being used for commercial purposes and construction was made beyond the permissible Floor Area Ratio (FAR).

The top court noted that 172 civil suits had been filed by some of the appellants which were pending while some of the appellants had not approached the civil court. However, it was contended that if the direction issued in the PIL was complied with, it may prejudice the adjudication of the pending suits before the civil courts.