Top court sets aside HC order on Gurugram’s illegal constructions

The top court held that the high court’s directions were passed without hearing the property owners affected, and it directed that opportunity of hearing should be given to the affected parties.

The Supreme Court has set aside an order of the Punjab and Haryana High Court directing closure of civil suits. The High Court had ordered immediate action against the against alleged unauthorized constructions and commercial use of residential buildings in Gurugram, particularly in DLF phase one to five.

The appellants said that directions were issued without making them parties to the case or granting them an opportunity to present their side.

The top court held that the high court’s directions were passed without hearing the property owners affected, and it directed that opportunity of hearing should be given to the affected parties.

A bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi on October 28, allowed appeals filed by Gaurav Kohli and others challenging the high court’s common order in civil writ petition of 2021, in which the petitioners had submitted that they were not given an opportunity for hearing.

The appellants had submitted that directions were issued by the Punjab and Haryana High Court on February 13 without making them parties to the case or granting them an opportunity to present their side.

The matter pertains to action initiated by department of town and country planning against illegal constructions and operation of commercial establishments by property owners in residential areas of DLF phase one to five in violation of urban development rules. The petitioners had opposed the action and directions issued by the high courts stating that they were not given the opportunity of hearing in this matter.

Setting aside the HC order, the apex court restored the two PILs for fresh consideration and directed that the appellants and all affected persons be allowed to apply to join the proceedings within two weeks, and asked Haryana to give wide publicity to this opportunity.

“We are constrained to set aside the order of the High Court and direct to restore the writ petitions (Civil Writ Petition Nos. 1528 and 2106 of 2021). The appellants herein are directed to move appropriate application within a period of two weeks from the date of uploading of this order and file their response, after affording opportunity, appropriate orders would be passed by the High Court,” the order said.

It is to be noted that the order in the matter was based on the report from state government that mentioned large-scale building violations in Gurugram, including commercial use in residential zones, construction beyond permissible Floor Area Ratio (FAR), and non-compoundable infractions under the Haryana Development and Regulation of Urban Areas Act, 1975 (HDRUA Act).

The Supreme Court, however, observed that while “unauthorized or illegal construction and commercial use of residential property contrary to the norms cannot be protected,” such determinations must follow due process. The Bench said, “Determination of such fact ought to be made by the authorities affording due opportunity to the owners and occupiers.” It emphasized that the right to a hearing is fundamental, stating that “opportunity of hearing is a sine qua non for fair administration of justice.”

The High Court was also directed to decide the matter afresh within six months after hearing all parties.