The district town planner in Gurgaon has taken strong action against a prominent hotel, alleging severe breaches of construction and land use regulations. Authorities have issued a formal show-cause notice to Bright Star Hotels Private Limited, warning of possible coercive measures including demolition, sealing of the property, or even the registration of a police case.
The Core Allegations and Legal Notice
According to the official notice, the enforcement wing of the Department of Town and Country Planning (DTCP) has accused Bright Star Hotels Pvt Ltd of illegally converting its approved hotel-cum-commercial complex into an unauthorized commercial colony. The notice, served under Section 10(2) of the Haryana Development and Regulation of Urban Areas Act, 1975, directs the company to appear before the District Town Planner (Enforcement) to explain why punitive action should not be initiated.
The company has been instructed to submit crucial documents for scrutiny, including copies of the approved layout and building plans, the occupation certificate, and all other relevant permissions. Failure to provide a satisfactory explanation for the alleged violations could lead to severe consequences.
History of the Project and the Alleged Violations
The roots of this case go back to January 1995, when the director of town and country planning in Haryana granted Change of Land Use (CLU) permission for the project. The permission was for constructing a hotel-cum-commercial complex on a plot measuring approximately 16,000 square yards in Sikanderpur Ghosi, falling under multiple khasra numbers. The permission was issued in favour of Bright Star Hotels, which has its registered office in Greater Kailash Enclave-I, New Delhi.
However, enforcement officials claim that the company deviated significantly from the approved plan. The building was allegedly subdivided into multiple individual units, shops, and offices. These units were then sold to different parties, creating third-party rights. Crucially, this subdivision and sale were conducted without obtaining the mandatory licence from the DTCP, as required under Section 3 of the Haryana Development Act.
Legal Interpretation and Potential Penalties
The notice clarifies that such actions amount to the unauthorized development of a commercial colony. As per the Act, any owner intending to develop a colony—defined as land divided into plots or flats for commercial or other purposes—must secure a licence from the director, barring specific exemptions.
DTCP officials have concluded that the firm illegally converted the building into a commercial colony complex without prior approval. This contravenes Section 7 of the Act and attracts penal action under Section 10. In light of these findings, the company has also been directed to immediately cease any further violation of the Act and its associated rules.
The case highlights the ongoing crackdown by Gurgaon's urban planning authorities on illegal constructions and unauthorized colonies, especially in prime areas like Sikanderpur. The next steps will depend on the response submitted by Bright Star Hotels to the show-cause notice.
