The Punjab and Haryana Excessive Courtroom on Monday clarified that its keep on the stilt-plus-four-floor coverage will apply solely to Gurugram, whereas allowing authorities to proceed demolition of encroachments affecting the precise of manner within the metropolis.
A bench of chief justice Sheel Nagu and justice Sanjiv Berry mentioned the April 2 keep on the Haryana authorities’s 2024 notification can be restricted to Gurugram, noting that studies on encroachment and infrastructure had been commissioned by the court docket particularly for the town. The detailed order is awaited. The court docket additionally recorded that “we enable the authorities to take away encroachments/violations following due strategy of regulation” and posted the matter for additional listening to on Might 4.
On April 2, the court docket had stayed the notification permitting stilt-plus-four constructions in city areas, observing that the state gave the impression to be placing public security in danger “merely to earn extra income”. A stilt-plus-four construction contains a non-habitable stilt flooring for parking and 4 residential flooring above.
The court docket was listening to a batch of petitions filed by residents of Gurugram and Panchkula difficult the July 2, 2024 notification. Petitioners’ counsel had argued {that a} coverage can’t be stayed in elements. “…earlier than passing the April 2 order, the court docket had taken cognisance of an professional committee report that handled all of the districts, not solely Gurugram,” senior advocate Salil Sagar submitted. Nevertheless, the bench indicated that arguments must be expedited for an early choice, and till then the keep would proceed just for Gurugram.
The coverage, initially notified in 2019, was put in abeyance in February 2023 amid opposition. The state later constituted an professional panel headed by Haryana Air pollution Management Board chairman P Raghavendra Rao, which really useful an infrastructure audit. The federal government subsequently notified the coverage once more on July 2, 2024.
In a associated growth, the court docket declined to halt the continuing demolition drive in Gurugram. Residents who approached the Supreme Courtroom of India had been directed to maneuver the excessive court docket, after which they filed an software within the ongoing PIL searching for intervention.
“With none notices, they’re demolishing bushes, gates, ramps, and so on. within the garb of a excessive court docket order of April 2. The court docket order nowhere says so. The drive is being carried out in unrelated areas that weren’t even surveyed by the excessive court docket panel,” senior advocate Gopal Sankaranarayanan submitted.
The bench, nonetheless, questioned the rivalry: “What occurs in Gurugram throughout monsoon? One thing drastic must be executed.”
Showing for the state, senior advocate Ankur Mittal mentioned encroachments on the precise of manner don’t require prior discover. “Notices are required in instances involving violations of constructing or municipal norms. Nevertheless, for removing of encroachments… gates, DG units and ramps on the highway… should not required,” he mentioned.
