DTCP can act against building violations in Gurugram municipality: Punjab & Haryana HC in DLF case

The Punjab and Haryana High Court recently ruled that the Department of Town and Country Planning (DTCP) in Haryana can proceed against individual plot holders or occupants over building violations in areas falling under a municipal corporation [DLF City Residents Welfare Association & Anr v State of Haryana & Ors]

Such a power is not restricted to municipal authorities, the Court said.

A Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the ruling in an interim order in a batch of petitions related to alleged illegal constructions in Gurugram's DLF City.

The persons accused of violations had argued that once a licensed colony becomes part of a municipal corporation, the District Town Planner Enforcement (DTPE), a delegate of the DTCP Director, cannot exercise jurisdiction over building violations and order demolitions or sealing under the Haryana Development and Regulation of Urban Areas Act, 1975.

In an order passed on September 7, the Court ruled that the 1975 Act extends to all urban areas in Haryana.

"The inclusion of a licensed colony within the limits of the Municipal Corporation, Gurugram does not extinguish the jurisdiction conferred by the said Act," the Court said.

It did not agree with the submission that only municipal authorities were competent to enforce the license, approved layout, zoning plan and the development conditions.

"If the license survives, and if Section 3B forbids erection otherwise than in accordance with the approved plans and the conditions of that license, then Section 10, which is the enforcement provision attached to Section 3B, must survive with it," the Court said.

The Court added that the DTCP Director or any officer authorized by him is empowered to take 'such measures' as may be necessary to stop further illegal construction or restore any building or land to its original state.

It further said that license conditions for the colonies include the condition that the zoning or layout plan shall be adhered to. The onus to adhere to such an obligation is not merely limited to the developer but to any person including plot owners or occupiers, the Bench said.

Authorities in Gurugram have reported larger-scale violations including commercial use of residential plots in both General and EWS categories.

In February 2025, the High Court had ordered authorities to take action against about 4,000 unauthorised constructions in DLF City, Gurugram, within two months.

The Court had found the constructions to be in clear violation of the Zoning Plan, Buildings Bye Laws and Haryana Building Code.

The order was passed on petitions moved by DLF City Residents Welfare Association and DLF-3 Voice in 2021, seeking action in furtherance of a 2018 Action Taken Report on complaints against the unauthorised constructions.

However, the ruling was set aside by the Supreme Court in October 2025 which asked the high court to re-hear the matter after giving persons going to be affected by it decision an opportunity to be heard.

The matter is now being heard on fast-track basis by the High Court.

Senior Advocate Amit Jhanji with Advocates Sahiba Sidhu, Eliza Gupta, Riffat Soin and Harnaaz Kaur represented DLF City Residents Welfare Association.

Senior Anand Chhibbar with Advocates Sanchar Anand, Abhinav Sood, Karan Pathak, Arsh Bir, Ateevraj Sandhu and Mehndi Singhal represented DLF-3 Voice.

Senior Advocates Randeep S Rai and Rajeev Anand along with Advocates Radhika Mehta, Farhad Kohli, Shefali Goyal and Sandeep Kaur represented the DLF.

Senior Advocates Shailendra Jain, Sartej Singh Narula, Akshay Bhan, Sanjeev Sharma, Jai Vir Yadav, Anmol Rattan Sidhu, Sunil Chadha, Nachiketa Joshi, Aashish Chopra, Ankur Mittal (for Haryana), Kadambari Singh and Akshay Kumar Jindal also appeared in the matter.

[Read Order]