Punjab and Haryana High Court: In a set of two writ petitions filed by DLF City Residents Welfare Association and DLF-3 Voice seeking issuance of the writ of mandamus directing the State to act against unauthorised construction in areas of DLF City, Gurugram, the Division Bench of Sureshwar Thakur* and Vikas Suri, JJ., issued a writ of mandamus on the State to take prompt action and conclude the actions against the illegal constructions within two months.
Background
The writ petitions were filed regarding the illegal construction(s) in and around Gurugram, especially in DLF Phase I to V. The unauthorised constructions were primarily done in various licensed colonies, especially in the areas comprising of Economically Weaker Section (‘EWS’) flats/ plots.
It was contended that the State was permitting such activity that was not only in violation of the laws and bye-laws but was also an extra burden on the infrastructure. Further, by permitting backdoor entries of many unauthorised persons, the State was ruining the basic object and intent of planned development as envisaged under the various development laws.
An inquiry was conducted by the State after a complaint was filed by the petitioners, which culminated in an Action Taken Report. The Report stated that the occupation certificates of the properties where such unauthorised construction was being raised would be cancelled. Further, it recommended that registering of criminal cases against the violators responsible for the constructions. Subsequently, a demolition drive was conducted with respect to only two properties and one illegal Mobile Tower in DLF Phase III. After three months, another Action Taken Report was issued, which showed that no concrete action had been taken. Additionally, the petitioners were informed by the authorities that nothing could be done in the matter.
Thus, due to such inaction of the State, the present petitions were filed.
Analysis
The Court remarked that it was amply clear that a powerful lobby of certain groups or land mafia, was ruining the very basic character of the developed colony in active connivance with the local administration/respondents. The authorities turned a blind eye and permitted such illegal and unauthorised constructions, which were coming up at an alarming rate right under their nose.
The Court stated that these illegal and unauthorised constructions were in clear violation of the Zoning Plan, Building Bye-Laws, 2016, Building Bye-Laws, 2017, and Haryana Building Code, 2017. If such haphazard and unplanned development were not stopped, it would lead to the total collapse of the overall infrastructure of Gurugram, including but not limited to potable drinking water, sewerage, air quality, transport, electricity, other common infrastructure, and other facilities and amenities.
Upon perusal of the synopsis of violations, the Court noted that there were more than 4000 non-compoundable violations, and the actions taken by the State against the violators were notices being issued under Section 10(2) of the Haryana Development and Regulation of Urban Areas Act, 1975 (‘the HDRUA Act’) and restoration being ordered in cases under Section 10(2) of the HDRUA Act.
The Court noted that one of the constraints on the State in acting against violators was that despite there being a specific jurisdictional bar under Section 15 of the HDRUA Act, the Civil Court was entertaining the civil suits regarding the construction and also mechanically and perfunctorily staying the operation of the orders passed by the competent statutory authorities. Noting this, the Court directed the closure of the said civil suits within two months, after granting an opportunity of being heard to all parties. The Civil Courts who are entertaining the civil suits qua those subject matters, in respect whereof there was a statutory jurisdictional bar, were directed to raise an apt preliminary issue and decide it within two months.
Thus, the Court passed a writ of mandamus on the State to take prompt action and conclude the actions thus taken within two months. Accordingly, the petitions were disposed of.
[DLF City Residents Welfare Association v. State of Haryana, 2025 SCC OnLine P&H 663, decided on 13-02-2025]
*Judgment authored by Justice Sureshwar Thakur
Advocates who appeared in this case:
For the petitioners: Senior Advocate Amit Jhanji, Eliza Gupta, Senior Advocate Anand Chhibbar, Attevraj Sandhu, and Karan Pathak
For the respondents: Addl. AG Ankur Mittal, Addl. AG Svaneel Jaswal, Senior DAG P.P. Chahar, DAG Saurabh Mago, DAG Gaurav Bansal, AAG Karan Jindal, Pravindra Singh Chauhan, Deepak Sabherwal, Arvind Seth, Anirudh Malhan, Senior Advocate Randeep S. Rai, Kunal Dawar, Vipul Sharma, Radhika Mehta, Sr. Advocate Pankaj Jain, Dr. Misha Kumar, Sachin Bhardwaj and Divya Suri