CHANDIGARH: In a significant development for the real estate sector in Haryana, the Punjab and Haryana High Court issued an interim order on Thursday, halting the state government’s “stilt-plus-4 policy.” This policy permitted the construction of four-storey homes in various residential sectors and colonies.
This interim measure will remain until the court reaches a final ruling on several petitions that oppose the policy.
“Due to prolonged arguments attributed to the counsels of both parties, the court finds it appropriate to refrain from commenting on the validity of the notification dated July 2, 2024, issued by the additional chief secretary of Haryana’s Town and Country Planning Department. Consequently, the state is restrained from implementing the ‘stilt-plus-4 policy’ for residential plots until the next hearing,” stated the division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry.
This bench is reviewing multiple petitions filed by General V P Malik, a former Army chief, who is contesting the construction of such buildings in Panchkula, as well as petitions from Sunil Singh and others regarding similar issues in Gurgaon.
The Chief Justice highlighted findings from a report submitted by a court-appointed committee, which assessed the width of internal roads in Gurgaon’s residential sectors. This assessment aimed to evaluate the impact of allowing stilt-plus-four buildings.
The inspection report indicated that road widths in Sector 28, DLF Phase-I, Gurugram, are either 10m or 12m (from boundary to boundary), while the usable road area for traffic and pedestrians is only 3.9m to 4.8m. Various factors, such as inadequate sanitation infrastructure, overpopulation, poor town planning, and excessive construction, have contributed to this reduction, as noted in the court’s 12-page order.
The bench further noted that the expert committee’s report raises concerns that increasing the number of floors in buildings without adequate infrastructure would lead to further strain on the existing resources.
The situation in Gurgaon is critical, as the area struggles to accommodate a growing population residing in taller buildings without sufficient infrastructure.
The Case
In 2024, General V P Malik, along with several environmentalists, filed a Public Interest Litigation against the ‘apartmentalisation’ of Haryana Sahari Vikas Pradhikaran (HSVP)-developed residential areas. They opposed the approval of stilt-plus-four buildings and the increased Floor Area Ratio (FAR). The plaintiffs seek to annul the increases in permissible FAR and building heights allowed by the Haryana building code revisions in 2016 and 2017, arguing that these decisions lacked scientific assessment of their potential impacts and did not offer compensation for any resulting damage.
