The Municipal Corporation of Gurgaon (MCG) has taken the significant step of cancelling a sanctioned residential building plan belonging to a former municipal councillor. This decisive action came after an investigation found that the approval was secured by allegedly hiding crucial facts about the property's ownership and an ongoing legal dispute.
Approval Granted and Subsequent Cancellation
According to official orders from MCG's planning branch issued in June 2024, the residential building plan for a house in Laxmi Garden, owned by Kapil Dua, was approved on June 24, 2024. The approval was processed through the Haryana Online Building Plan Approval System (HOBPAS) portal under the self-certification category.
However, the situation changed in September 2024 when a complainant from Hisar filed a plea with the MCG and the planning department. A subsequent examination by authorities revealed that information regarding the property's ownership and its legal status was allegedly suppressed at the time of the initial approval.
Investigation and Official Findings
The complaint urged the registration of an FIR, arguing that using forged documents to obtain official permissions constitutes a cognisable offence. The case was reviewed by multiple authorities, including the tehsildar, municipal officials, and the chief town planner.
A senior MCG official stated, "We cancelled the building plan after a complaint was filed and we found out that there is a dispute going on between the family members. The revenue ownership of the property is a matter under investigation by the revenue department." The official added that further action, such as demolition, is on hold pending the completion of the inquiry.
An official letter from the MCG town planning department to the property owner clearly stated that the building plan was "wrongly got approved by hiding the facts related to the ownership of the property." It highlighted that an ownership dispute or court case was involved, and the applicant had submitted an undertaking declaring no such pending issues.
Legal Challenge and Allegations of Selective Action
The former councillor, Kapil Dua, has challenged the MCG's order in the Punjab and Haryana High Court. Dua claims the complaint is a "deliberate attempt to frame me by a blackmailer." He further alleged selective enforcement, stating, "There are more than 50 houses in my lane, which have violated the building norms. However, no action has been taken against them."
Later scrutiny confirmed that a property dispute was indeed involved, which rendered the approval invalid under Clause 4.7 of the Haryana Building Code, 2017, read with the Haryana Municipal Corporation Act, 1994. Consequently, the building plan was revoked with immediate effect, and the owner was directed to remove any construction already raised at the site.
Documents related to the case also indicate that a complaint was submitted to senior civic authorities alleging that the building plan was obtained using a forged transfer deed.
