High Court Orders Action Against 4,000 Illegal Constructions In Gurugram's DLF City

The Punjab & Haryana High Court has issued a writ of mandamus to the Haryana state authorities, asking them to take “prompt action” against over 4,000 unauthorized constructions in Gurugram's DLF City, within two months.The Court took note of local administration's involvement in allowing “land mafias” to construct unauthorised buildings which are comping up at “alarming rate.”Justice Sureshwar Thakur and Justice Vikas Suri noted that, “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 & unauthorised constructions / illegal developments; which are coming up at an alarming rate right under their nose.”The bench highlighted that the illegal & unauthorised constructions are also in clear violation of the Zoning Plan, Building Bye Laws, 2016, Building Bye Laws, 2017, Haryana Building Code.It added that in case such haphazard and unplanned development is not stopped it will lead to total collapse of over infrastructure of Gurugram including but not limited to potable drinking water, sewerage, air quality, transport, electricity, other common infrastructure, facilities and amenities.The Court was hearing petitions filed by DLF City Residents Welfare Association and DLF-3 Voice in 2021 seeking action in furtherance of a 2018 Action Taken Report on complaints against the unauthorised constructions.The bench noted that the photographs presented with the petition clearly demonstrates that there "is a flagrant violation of the population/ density norms" prescribed by the Haryana Government and also the terms & conditions of the Layout Plans/ building plans approvals/ bye laws and other statutory provisions rather do also become blatantly transgressed.The State counsel submitted that violations were found in at least 4,033 General and EWS category plots and actions were taken in few cases.Perusing the report, the bench noted that "authorities concerned against the violators, inasmuch as, notices under Section 10(2) of the Act of 1975 having been issued, besides in certain cases restoration order under Section 10(2) of the Act of 1975 having also been passed."Furthermore, the division bench observed that in many cases, civil courts had issued stays, despite the restrictions on their jurisdiction under the Haryana Development and Regulation of Urban Areas Act, 1975. Consequently, the Court directed that the civil suits be closed promptly, after hearing the parties.In light of the above, the Court held, "a mandamus upon the respondents concerned, to in respect of the tabulated categories (supra), thus draw prompt action and to conclude the action takings but within two months"Title: DLF CITY RESIDENTS WELFARE ASSOCIATION AND ANOTHER v. STATE OF HARYNA AND OTHERSMr.AmitJhanji,Sr.Advocatewith Ms. Eliza Gupta, Advocate for the petitioners (in CWP-1528-2021).Mr. Anand Chhibbar, Sr. Advocate with Ms. Attevraj Sandhu, Advocate and Mr. Karan Pathak, Advocate for the petitioner (in CWP-2106-2021).Mr. Ankur Mittal, Addl. AG, Haryana with Ms. Svaneel Jaswal, Addl. AG, Haryana, Mr. P.P. Chahar, Sr. DAG, Haryana,Mr. Saurabh Mago, DAG, Haryana, Mr. Gaurav Bansal, DAG, Haryana and Mr. Karan Jindal, AAG, Haryana.Mr. Pravindra Singh Chauhan, Advocate with Mr. Deepak Sabherwal, Advocate for respondent No.11-HSVP (in CWP-1528-2021) for respondent No.8-HSVP (in CWP-2106-2021). Mr. Arvind Seth, Advocate and Mr. Anirudh Malhan, Advocate for respondent No.8 (in CWP-1528-2021).Mr. Randeep S. Rai, Sr. Advocate with Mr. Kunal Dawar, Mr. Vipul Sharma and Ms. Radhika Mehta, Advocates for respondent No.13 (in CWP-1528-2021) and for respondent No.9 (in CWP-2106-2021).Mr. Pankaj Jain, Sr. Advocate with Dr. Misha Kumar, Mr. Sachin Bhardwaj and Ms. Divya Suri, Advocates for respondent Nos.14 to 17 and for applicant-respondent No.18 (in CM-991-CWP-2025 in CWP-1528-2021).Citation: 2025 LiveLaw (PH) 73Click here to read/download the order

High Court Orders Action Against 4,000 Illegal Constructions In Gurugram's DLF City

Aiman J. Chishti

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