NEW DELHI: The Supreme Court has overturned a Punjab and Haryana High Court order mandating the removal of unauthorized and illegal constructions in Gurugram’s DLF City.
A bench comprising Justices J K Maheshwari and Vijay Bishnoi issued this ruling after observing that the directive was given without allowing the property owners a chance to be heard, as they were not parties to the original lawsuits.
The apex court noted that the High Court’s direction, regarding the jurisdiction of the civil court or the removal of constructions, did not consider the appellants, which is a procedural oversight.
“It is essential for fair justice that all parties have the opportunity to be heard,” the bench emphasized.
However, the Court clarified that unauthorized or illegal constructions for commercial purposes on residential property, which violate existing regulations, cannot be excused.
They stated, “Anyone affected by this issue should apply to the High Court within the specified timeframe to be allowed to join the proceedings. The state authorities are encouraged to publicize this order for affected individuals to participate in the PIL.”
If affected parties fail to apply within two weeks, the High Court is permitted to address the matter and make decisions accordingly.
The High Court had previously ordered authorities to take action within two months under Section 15 of the Haryana Development and Regulation of Urban Areas Act, 1975.
A detailed synopsis submitted by the state government highlighted multiple construction violations by residents in Gurugram.
It was reported that commercial activities were taking place in residential zones and that construction exceeded allowable FAR limits and additional floors.
