New Delhi, The Supreme Courtroom on Monday refused to entertain a petition towards the continued demolition drive in Gurugram, and requested the petitioners to strategy the Punjab and Haryana Excessive Courtroom.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of the plea, granting liberty to the petitioners to make an pressing mentioning earlier than the excessive courtroom throughout the course of the day.
The bench requested the excessive courtroom’s chief justice to entertain the mentioning both at 1 PM or instantly after lunch at 1.45 pm.
Senior advocate Gopal Sankaranarayanan, showing for the petitioners, argued earlier than the bench that the native authorities have been finishing up the demolition drive with out issuing show-cause notices to the residents by misconstruing an interim order of the excessive courtroom.
The bench noticed that if the excessive courtroom’s interim order was allegedly being misconstrued by the authorities, then the petitioners ought to strategy the excessive courtroom.
“If the excessive courtroom, in its constitutional obligation, is taking a drive to cease or forestall or dismantle the unauthorised constructions, then as an apex physique, why ought to we trigger hindrance?” the CJI noticed.
Arguing that the excessive courtroom had not mentioned something in regards to the demolition, Sankaranarayanan urged the bench to grant established order for 3 to 4 days and mentioned that the petitioners would strategy the excessive courtroom.
“These are fully authorized constructions,” he mentioned, including that petitioners have been particular person residents and the authorities have been enterprise the demolition drive with out giving any show-cause notices to them.
On April 2, the Punjab and Haryana Excessive Courtroom, in an interim order, stayed the operation of the Haryana authorities’s ‘stilt-plus-four flooring’ constructing coverage, which allows the development of 4 residential flooring above stilt parking.
Flagging severe considerations, the courtroom noticed that the state seems to have put public security in danger merely to earn extra income.
The interim order got here on a petition difficult the July 2, 2024 order issued by the extra chief secretary of the city and nation planning division. The order had permitted development of ‘stilt-plus-four flooring’ on residential plots, elevating the sooner cap of ‘stilt-plus-three flooring’. It had additionally launched a composition mechanism even in instances the place constructing plans had not been authorized.
Following the excessive courtroom’s keep, the Haryana officers launched an anti-encroachment marketing campaign towards unauthorised constructions and encroachments throughout city areas, starting with Gurugram.
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