Gurgaon DTCP Imposes Registration Ban on Sector 53 Commercial Colony Over Licence Breaches
The Department of Town and Country Planning (DTCP) in Gurgaon has taken stringent action by prohibiting the registration of any sale, conveyance, or lease deeds associated with a commercial colony located in Sector 53. This decisive move comes in response to multiple violations of licence conditions that have persisted for years, highlighting regulatory enforcement in urban development.
Licence Details and Historical Context
The controversy revolves around licence number 13–19 of 2002, which was originally granted on June 26, 2002, to Arenas Infotech Pvt. Ltd. and Senior Builders Pvt. Ltd. This licence authorized the development of a commercial colony spanning approximately 3.953 acres in Sector 53 of Gurgaon. According to official records, the licence was valid only until June 25, 2005, making it a long-expired authorization that has not been properly addressed since its lapse.
Key Violations and Regulatory Actions
District Town Planner (Enforcement) Amit Madholia explained that the licence holders failed to comply with Rule 13 of the Haryana Development and Regulation of Urban Areas Rules, 1976. This rule mandates that renewal applications must be submitted at least one month before the expiry date. However, the companies did not apply for renewal within the prescribed period, resulting in the licence never being renewed.
Officials have disclosed that statutory dues amounting to around Rs 87.6 lakh, along with accrued interest, remain unpaid by the licence holders. This financial non-compliance has compounded the regulatory issues, prompting the DTCP to escalate its enforcement measures.
Enforcement Measures and Legal Proceedings
In accordance with Rule 18(2) of the 1976 Rules, the DTCP has directed the sub-registrar to block all property registries related to the colony. Additionally, instructions have been issued to ensure a red entry in the revenue records, effectively marking the transactions as invalid or prohibited. This step aims to prevent any further legal complications or unauthorized dealings involving the property.
Madholia further stated that the enforcement wing has formally written to police authorities, seeking the registration of a First Information Report (FIR) against the owners and directors of Arenas Infotech Pvt. Ltd. and Senior Builders Pvt. Ltd. The alleged violations include breaches of licence conditions, non-compliance with a bilateral agreement executed with the department, and contraventions of the Haryana Development and Regulation of Urban Areas Act, 1975.
Police have been requested to examine potential offences under Sections 10 and 12 of the Act, which could lead to significant legal repercussions for the involved parties. This move underscores the seriousness with which the authorities are treating the case.
Broader Implications and Future Steps
DTCP officials emphasized that this enforcement action is part of a larger initiative to address long-pending cases involving expired licences and non-compliance across Gurgaon. The department is actively working to streamline urban development processes and ensure adherence to regulatory frameworks.
Further actions, including recovery proceedings for the unpaid dues and potential prosecution, will depend on the outcomes of the police investigation and the compliance status of the licence holders. This case serves as a cautionary tale for developers and property owners regarding the importance of timely licence renewals and adherence to statutory obligations.
The situation in Sector 53 reflects ongoing challenges in urban planning and enforcement in rapidly developing areas like Gurgaon. It highlights the need for robust monitoring mechanisms to prevent similar issues in the future and maintain the integrity of urban development projects.
