Gurugram: The Punjab and Haryana High Court has held that the inclusion of a licensed colony within municipal limits does not, by itself, remove the Department of Town and Country Planning (DTCP)’s authority to take action against building violations under the Haryana Development and Regulation of Urban Areas Act, 1975.
The ruling addresses a long-standing jurisdictional dispute concerning licensed colonies in Gurugram, particularly DLF Phases 1 to 5, where authorities have been examining alleged unauthorised construction and commercial use of residential properties. Plot owners and occupiers had argued that after a licensed colony became part of a municipal corporation, enforcement powers over individual properties would rest exclusively with the corporation under the Haryana Municipal Corporation Act, 1994. The High Court rejected this preliminary objection.
Survey Identified Violations Across DLF Phases
According to the report, a comprehensive survey of DLF Phases 1 to 5 covered 14,757 plots, including 11,008 general-category plots and 3,749 EWS plots. The survey identified violations including commercial use of residential properties, construction beyond permissible Floor Area Ratio (FAR) and additional floors. These were classified as non-compoundable violations.
Following the survey, notices were issued under Section 10(2) of the 1975 Act, followed in some cases by restoration orders. Enforcement measures including sealing, demolition proceedings and registration of FIRs were also initiated.
The proceedings were linked to complaints regarding alleged inaction by the District Town Planner (Enforcement), Gurgaon, particularly concerning DLF Phase 3. Earlier action-taken reports had recorded unauthorised construction and recommended measures including cancellation of occupation certificates, criminal cases and disconnection of utilities.
Supreme Court Proceedings and Objections
The dispute had also reached the Supreme Court after affected property owners challenged an earlier High Court order. In October 2025, the Supreme Court restored the petitions while observing that alleged unauthorised construction or commercial use contrary to applicable norms could not be protected, while also requiring that affected owners and occupiers be given an opportunity to be heard.
Following those directions, the High Court restored the proceedings and permitted affected parties to submit objections. Public notices issued in December 2025 resulted in 763 objections against 5,099 identified violators. The DTCP enforcement authority subsequently passed speaking orders, including an order rejecting an objection to its jurisdiction.
Implications for Licensed Colonies
The latest High Court order keeps the enforcement mechanism under the 1975 Act available for licensed colonies even after they are brought within municipal limits. At the same time, the court observed that the question of transferring DLF Phases 1 to 5 to the municipal corporation must be examined in light of the relevant statutory provisions.
The ruling may also have implications for other licensed colonies where the respective enforcement powers of municipal corporations and the DTCP have been contested. (TOI)
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