sc-sets-aside-order-on-illegal-constructions-in-gurugram-s-dlf

In a key move, the Supreme Court has set aside an order of the Punjab and Haryana High Court directing the removal of unauthorised and illegal constructions in Gurugram's DLF City.

 

DLF Cyber City is a commercial area in Gurugram, Haryana, India, which was opened in 2003. The area is home to several top IT and Fortune 500 company offices.[1] The area is considered one of the largest hubs of IT activity in Delhi NCR. Cyber City lies near Udyog Vihar, which is a conventional industrial area on the opposite side of NH-48.

 

A bench of Justices J K Maheshwari and Vijay Bishnoi passed the order after noting that the direction was issued without giving an opportunity of hearing to the owners who were not impleaded in the suits.The apex court said in the present case, the direction issued by the high court, either with respect to the jurisdiction of the civil court or for removal of the constructions, appears to be without joining the appellants as party in the writ petition.

 

"It goes without saying that opportunity of hearing is a sine qua non for fair administration of justice and the observations of the Court should not adjudicate the rights of any parties unheard," the bench said.The top court, however, said that unauthorised or illegal construction for commercial use on residential property contrary to the norms, rules and regulations cannot be protected.

 

"We make it clear that if any person who is going to be affected applies to the High Court within the time as specified, they would also be permitted to join. The authorities of the State are at liberty to give wide publicity to this order for joining of the affected persons in the PIL," the bench said in October 28 order.The apex court said in case the affected persons do not apply to join in two weeks, the high court may examine the issue and is at liberty to take decision in this regard.

 

The high court had directed the authorities to take action within two months under Section 15 of the Haryana Development and Regulation of Urban Areas Act, 1975.The state government had filed detailed synopsis before the high court indicating several violations in construction by various inhabitants of the area in Gurugram.It was informed that in residential areas, commercial use is being done and that construction was made beyond the permissible FAR / additional floors and commercial use in residential areas.