Daily Court Digest: Major environment orders (February 14, 2025)

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Daily Court Digest: Major environment orders (February 10, 2025)
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Put an end to large-scale unauthorised constructions in Gurugram’s DLF City: Punjab & Haryana HC

On February 13, 2025, the Punjab & Haryana High Court issued a writ of mandamus to the Haryana state authorities, directing them to take ‘prompt action’ against more than 4,000 unauthorised constructions in Gurugram's DLF City within two months.

The bench of justices Sureshwar Thakur and Vikas Suri said, "It was 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".

“Still further, the illegal & unauthorised constructions / developments are also in clear violation of the Zoning Plan, Building Bye Laws, 2016 / Building Bye Laws, 2017 / Haryana Building Code and 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 and other facilities and amenities,” the court said.

The petition filed by the DLF City Residents Welfare Association raised the issue of illegal constructions in and around Gurugram and especially in DLF Phase I to V. Some of the illegal and unauthorised construction included five-seven storey buildings / structures. 

The photographs filed with the petition clearly demonstrated that there was a flagrant violation of the population / density norms prescribed by the state of Haryana. The terms and conditions of the layout or building plan approvals, bye-laws and other statutory provisions are often blatantly violated.

The unauthorised constructions are primarily coming up in various licenced colonies, especially in the area comprising flats or plots for the the economically weaker section (EWS). The allotment of these flats / plots is made under the policies framed for persons belonging to the EWS category. “The unauthorised constructions within the EWS flats / plots are completely destroying the very objective and intent of such allotments, the original planning and ethos of any urban planning.”

It was claimed that the official respondents are allowing activities that not only violate laws and regulations but also place an extra burden on infrastructure, facilitate unauthorised entries and undermine the primary purpose and intent of planned development as outlined in various state development laws. These regulations include the Haryana Development and Regulation of Urban Areas Act, 1975 and the 1976 rules; the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and 1965 Rules; and the Haryana Apartment Ownership Act, 1983.

A complaint was filed with the authorities February 20, 2018. In response, the authorities conducted an enquiry and submitted an action taken report November 19, 2018.

Following a primary survey of DLF Phase II, it was decided to consider cancelling the occupation certificate for properties with unauthorised construction, the report stated.

The authorities also recommended that criminal cases be registered against the violators responsible for the illegal constructions, according to the document.

There were more than a thousand properties with unauthorised structures but demolition drives was carried out for just two properties and an illegal mobile tower in DLF Phase III, Gurugram, the report indicated.

The high court noted that even after the lapse of many years, no concrete action was taken by the authorities.

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