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Allows DTCP Action on Building Violations in Gurugram Licensed Colonies
In a significant ruling that clarifies over in Haryana’s urban areas, the has held that the retains full authority to act against building violations in licensed colonies even after they are brought within municipal corporation limits. The interim order, passed on by a bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, rejects a long-standing challenge to DTCP’s jurisdiction in Gurugram’s DLF City.
The Core Dispute: Who Enforces Building Rules in a Municipalised Colony?
The case arises from a batch of petitions concerning widespread alleged violations in DLF City, including , , and . A comprehensive survey of DLF Phases 1 to 5 covering 14,757 plots—11,008 general-category and 3,749 economically weaker section (EWS) plots—revealed .
Property owners and occupants argued that once a becomes part of the , the DTCP’s enforcement wing—the —loses jurisdiction. They contended that only municipal authorities under the could regulate construction and misuse. The High Court was asked to decide this preliminary before addressing the merits of the alleged violations.
Arguments: A Clash of Statutory Regimes
The petitioners, represented by resident welfare associations and individual plot owners, pointed to the , and argued that the 1975 Act was intended only for areas outside municipal limits. They claimed that municipalisation extinguishes the DTCP’s enforcement power under .
The DTCP countered that the 1975 Act applies to all urban areas in the state and that a license granted under Section 3 of the Act survives regardless of municipal boundaries. The Director of DTCP or an authorised officer, it argued, retains the power to stop illegal construction and under Section 10.
Court’s Reasoning: The License Is the Source of Jurisdiction
The bench disagreed with the petitioners’ reading of the law. It held that the 1975 Act’s application is not limited to areas outside municipal limits. Drawing a clear distinction from the 1963 Act, the court observed:
“The jurisdiction under the 1975 Act does not attach to land on account of it being outside a municipality. It attaches because the land forms part of a colony for which a license has been granted under Section 3.”
The court emphasised that municipalisation neither creates nor extinguishes that jurisdiction. In a pivotal statement, it declared:
“ . .”
Turning to the enforcement machinery, the bench noted that Section 3B of the 1975 Act forbids erection of buildings except in accordance with approved plans and licence conditions. Section 10 provides the mechanism for enforcing these requirements. The two provisions, the court reasoned, must survive together:
“If the license survives, and if Section 3B forbids erection otherwise than in accordance with the approved plans and the conditions of that license, then Section 10, which is the enforcement provision attached to Section 3B, must survive with it.”
The court also clarified that compliance with the approved zoning and layout plans is not solely the developer’s responsibility. The conditions apply to “any person,” including plot owners and occupants.
Key Observations from the Judgment
The bench made several important observations that underscore the continuing role of the DTCP:
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On the effect of municipal laws : The court examined the , and the , and found that while these laws give municipal authorities certain powers, they do not take away the separate available to the DTCP under the 1975 Act.
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On the scope of enforcement : The judgment noted that the DTCP Director or an authorised officer can take “such measures” as may be necessary to enforce orders, which includes and restoring buildings to original condition.
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On the types of violations : The court record classified commercial use of residential properties, construction beyond permissible FAR, and as , meaning they cannot simply be through ordinary processes.
Decision and Implications
The High Court rejected the to the DTCP’s jurisdiction and held that the inclusion of a within municipal limits does not remove the DTCP’s under the 1975 Act. The matter is now set for further hearing on the merits of the alleged violations, with the court directing a .
The ruling has immediate practical consequences for property owners in DLF City and other licensed colonies across Gurugram. The DTCP can now proceed with enforcement actions against the thousands of violations identified in the survey, including commercial misuse of residential plots and . The decision also provides clarity for other licensed colonies in Haryana that have been municipalised, confirming that the state’s planning department retains a alongside municipal corporations.
The case is part of a larger legal saga. In , the High Court had directed action against around 4,000 unauthorised constructions in DLF City within two months. That order was set aside by the in , which directed the High Court to give affected parties an opportunity to be heard. The current order on jurisdiction is the result of that fresh hearing.
For now, the DTCP’s enforcement machinery remains firmly in place, and property owners in licensed colonies cannot rely on municipalisation to escape scrutiny under the 1975 Act.
