SC stays HC order to demolish illegal construction, seal commercial setups in Gurugram's DLF

The top court has initially provided relief for 4 weeks to residents, who had moved it for relief.

The relief came on a day when the Department of Town and Country Planning (DTCP) was set to launch its drive on illegal structures to execute the Punjab and Haryana High Court directive.

"We came to know that the matter was taken up by the Supreme Court today. We went to the spot to execute the High Court order, but later we came to know that the top court had stayed it. However, we have yet to go through the Supreme Court order," TCP, Enforcement, Amit Madholia said.

On the other hand, the residents welcomed the SC's decision.

"We welcomed the Supreme Court's decision. We are the victims in this case. This is not government land. We have possession of our own land and pay all necessary taxes to the departments concerned. We presented our plea before the court, which it considered," Satish Yadav, a resident, said.

The High Court had ordered sealing action on the petition of DLF Phase 3 Resident Welfare Association (RWA) President Sameer Puri.

On the Supreme Court's decision, Puri said: "The High Court had given the decision in our favor. Now there is a stay in the Supreme Court. We will also take this issue forward in the Supreme Court. We will present our side."

The HC had issued its directive on February 13, following which an enforcement team survey identified over 4,200 properties violating building regulations.

The orders from the court created panic, particularly in the economically weaker section (EWS) blocks of DLF 3's U-Block and among builders and the residents of these areas. While 4,200 properties had been identified by the DTCP for violations earlier, 2,100 units faced a demolition and sealing drive that was set to begin on April 4, on the Punjab and Haryana High Court's orders. Before this, the property owners were served show-cause notices and given seven days to respond. Those who failed to provide a satisfactory explanation were set to face strict action in an operation conducted under the Haryana Urban Development Act and Haryana Building Code regulations.

The department's enforcement team had finalized the action plan to target illegal constructions and unauthorized commercial activities. To ensure smooth execution, four teams were formed, and duty magistrates had been appointed for supervision. Additionally, a heavy police force was also deployed to prevent any untoward incidents during the operation.

For several years, commercial activities have flourished in these 60-square-yard houses, with many homeowners renting out spaces for shops, paying guest (PG) accommodations, and guest houses. The violations in U-Block are among the most severe, with some buildings illegally extended up to six or eight floors, far beyond permissible limits. However, following the HC directive and the upcoming crackdown, these businesses have shut down.

The authorities had even warned that any tampering with the sealing process would lead to legal action, including FIRs.

DLF City Resident Welfare Association (RWA) had filed a public interest litigation in the Punjab and Haryana High Court in 2021 regarding illegal constructions in various areas of DLF Phases one to five. The petitioners had said that the illegal constructions have lowered the quality of life in the city and urged the court to order the demolition of such buildings. The petitioners also requested the court to cancel the illegally issued occupation certificates.