Purchasable FAR destroying Gurugram, Noida: P&H High Court moots stay in Haryana

The Punjab and Haryana High Court on Wednesday warned that it will stop implementation of the purchasable Floor Area Ratio (FAR) for constructions in Haryana, observing that it was leading to destruction of urban landscape in cities like Gurugram and Noida.

Purchasable FAR is the extra floor area that a developer or property owner in Haryana can build by paying an additional fee to the government, over and above the normal FAR permitted under building regulations.

A bench of Chief Justice Ashwani Kumar Mishra and Rohit Kapoor said purchasable FAR destroys the purpose of having a building code.

"We have very strong reservations with this purchasable concept. This entire purchasable concept is nothing but a way of distorting and destroying entire building code," the bench stated.

The Court said Chandigarh has remained a liveable city only because it does not have the concept of purchasable FIR. It added that cities like Gurgaon and Noida are being destroyed because of purchasable FAR.

"What is not permitted otherwise under the building bye-laws is being allowed in the form of one policy or other," the bench said.

Hence, it said it is mooting a stay on purchasable FAR and will allow constructions only as per the original building norms.

"The moment you go above in the name of purchasable FAR, it is absolute corruption and nothing else," the bench added.

The Court further said every city was being destroyed in this fashion. It also flagged the lack of parking, stating a residential unit now has 3-4 cars.

"So all your roads are blocked. All your urban townships are being converted into slums," it added

The Court further said that unplanned constructions are leading to road rage and parking issues.

"We do not want these constructions to come up in the manner that it results in generation of distrust between the neighbours and continuous fight and complete collapse of the urban township itself," it said.

The Court said there needs to be a conscious application of mind by authorities to ensure availability of facilities like parking.

The Court made these observations while hearing a batch of petitions related to stilt + 4 floor policy in Haryana for residential plots.

The implementation of the policy in Gurugram was stayed by the Court on April 2.

Today, the Court adjourned the matter to analyse the relevant material before passing any order with regard to constructions in Gurugram and other cities in Haryana. The bench also said that the Court may restrain the separate sale of units in buildings already constructed as per the stilt + 4 floor policy.

It asked Advocate General Pawan Kumar Mutneja to look into the issues before the next date of hearing.

The State should come with a proper policy to address the issues prevalent in urban cities, the Court remarked.

"It is not in the interest of the State to allow a place like Gurgaon which is in such close proximity to the national capital to be developed ... let it be a model or some sort of an innovative township, which is taking care of the needs of the residents," the bench said, while listing the matter for hearing immediately after Diwali vacations.