Maintain status quo: SC on demolition of 'illegal' buildings in Gurugram

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The Supreme Court has asked Gurugram authorities to maintain status quo on a demolition drive in DLF phases 1 to 5 against unauthorised constructions, including residential properties that have been converted into commercial complexes.

A bench of Justices J K Maheshwari and Aravind Kumar was hearing on Friday a plea by DLF Qutub Enclave RWA, which challenged the Haryana government's Town and Country Planning Department's power to raze the properties.

The bench issued notice to the Haryana government authorities and said, "In the meantime, until the next date of listing, status quo, as it exists today, shall be maintained by the parties."  The top court sought the response of the authorities within four weeks.

Senior advocate Indira Jaising and other lawyers, appearing for the Residents Welfare Association (RWA) contended that the DLF residential phases were under the jurisdiction of the Municipal Corporation of Gurugram (MCG) since 2008 and only the civic body had the power to initiate any action, including demolition of properties.

"In view of the order of status quo passed today, we make it clear that the petitioners shall also not raze any construction," the bench said.

The RWA has challenged a February 13 order of the Punjab and Haryana High Court which directed the authorities to take "prompt action" against unauthorised constructions, alterations and commercialisation in residential zones of DLF areas and sought an action-taken report by April 19.

The high court said in its order, "It is 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 and unauthorised constructions/illegal developments, which are coming up at an alarming rate right under their nose."  The petitioners before the high court had sought action in furtherance of a 2018 Action Taken Report (on complaints against the said constructions) as well as a memo issued by the District Town Planner (Enforcement) recommending that occupation certificates of owners who razed unauthorised constructions be cancelled and their electricity, water and sewerage connections be disconnected.

The Town and Country Planning Department subsequently issued over 4,000 show-cause notices and ordered restoration of premises of more than 2,000 house owners in the five DLF phases.

Aggrieved by the high court's order, the RWA moved the apex court and contended that the HC issued contradictory orders.

The association submitted that in 2012, the HC clarified that the Town and Country Planning Department had no jurisdiction in matters related to DLF areas.

In February, the court said the same department would have to initiate action against those involved in unauthorised construction, the RWA said.

The RWA submitted that adverse orders were passed against it by the HC without giving it an opportunity to be heard, thus defeating the principle of natural justice.

The Town and Country Planning Department authorities reached the demolition site with enforcement squads on Friday but were restrained by the top court from taking any further action.