New Delhi, The Supreme Courtroom has requested Gurugram authorities to take care of established order on a demolition drive in DLF phases 1 to five in opposition to unauthorised constructions, together with residential properties which have been transformed into business complexes.
Keep established order: SC on demolition of ‘unauthorised’ constructions in Gurugram’s DLF phases
A bench of Justices J Okay Maheshwari and Aravind Kumar was listening to on Friday a plea by DLF Qutub Enclave RWA, which challenged the Haryana authorities’s City and Nation Planning Division’s energy to raze the properties.
The bench issued discover to the Haryana authorities authorities and mentioned, “In the meantime, until the next date of listing, status quo, as it exists today, shall be maintained by the parties.”
The highest courtroom sought the response of the authorities inside 4 weeks.
Senior advocate Indira Jaising and different attorneys, showing for the Residents Welfare Affiliation contended that the DLF residential phases have been beneath the jurisdiction of the Municipal Company of Gurugram since 2008 and solely the civic physique had the ability to provoke any motion, together with 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 mentioned.
The RWA has challenged a February 13 order of the Punjab and Haryana Excessive Courtroom which directed the authorities to take “prompt action” in opposition to unauthorised constructions, alterations and commercialisation in residential zones of DLF areas and sought an action-taken report by April 19.
The excessive courtroom mentioned 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 earlier than the excessive courtroom had sought motion in furtherance of a 2018 Motion Taken Report in addition to a memo issued by the District City Planner recommending that occupation certificates of homeowners who razed unauthorised constructions be cancelled and their electrical energy, water and sewerage connections be disconnected.
The City and Nation Planning Division subsequently issued over 4,000 show-cause notices and ordered restoration of premises of greater than 2,000 householders within the 5 DLF phases.
Aggrieved by the excessive courtroom’s order, the RWA moved the apex courtroom and contended that the HC issued contradictory orders.
The affiliation submitted that in 2012, the HC clarified that the City and Nation Planning Division had no jurisdiction in issues associated to DLF areas.
In February, the courtroom mentioned the identical division must provoke motion in opposition to these concerned in unauthorised development, the RWA mentioned.
The RWA submitted that opposed orders have been handed in opposition to it by the HC with out giving it a chance to be heard, thus defeating the precept of pure justice.
The City and Nation Planning Division authorities reached the demolition website with enforcement squads on Friday however have been restrained by the highest courtroom from taking any additional motion.