HC Orders Physical Inspection of Gurgaon Roads in Stilt+4 Policy Case
HC Orders Gurgaon Road Inspection in Stilt+4 Case

In a significant development concerning urban infrastructure in Gurgaon, the Punjab and Haryana High Court on Thursday mandated a physical inspection of internal roads within the city's planned residential sectors. This directive aims to verify the actual width and current condition of these crucial thoroughfares. The court's order comes in response to a public interest litigation (PIL) that challenges Haryana's contentious stilt-plus-four (S+4) construction policy, which has been at the center of numerous civic debates.

Court Constitutes Three-Member Inspection Panel

A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry established a three-member commission to conduct on-site inspections and submit a comprehensive report within ten days. The panel will include the additional advocate general or their nominee, the petitioner's legal counsel, and the secretary of the district legal services authority. The commission has been specifically instructed to carry out these inspections on January 31 and February 1 in selected sectors across Gurgaon. The next hearing for this case is scheduled for February 17.

Dispute Over Road Width Measurements

The high court noted that there is a fundamental disagreement between the parties regarding the actual width of internal roads in Gurgaon's residential sectors. Petitioners have submitted photographic evidence and supporting documents alleging that internal roads in areas such as DLF-1 measure approximately 12-15 feet wide. They contend that these dimensions fall significantly short of prescribed standards for planned residential colonies.

According to the petitioners, the term "road" should specifically refer to the motorable carriageway available for vehicular movement, rather than encompassing the entire right of way that includes green verges and service areas. They argue that narrow carriageways create serious safety hazards by impeding the movement of emergency vehicles such as fire tenders and ambulances, as well as garbage collection vehicles. This situation is particularly concerning in densely populated neighborhoods where rapid emergency response is critical.

Broader Implications of the Stilt-Plus-Four Policy

The road-width controversy forms the core of a larger PIL challenging the state policy that permits stilt parking with four additional floors on residential plots. Petitioners allege that this policy has triggered a dramatic increase in builder-floor construction throughout Gurgaon, exacerbating multiple urban challenges.

They claim the policy has worsened traffic congestion, enabled illegal commercial activities in residential zones, aggravated parking shortages, and placed excessive strain on drainage, sewerage, and other essential civic infrastructure. Furthermore, petitioners point to unauthorized ramps, boundary wall extensions, encroachments, and weak enforcement of approved layout plans as factors that have progressively diminished usable road space over time.

The petitioners maintain that vertical densification without corresponding infrastructure upgrades has fundamentally altered the character of planned sectors and compromised public safety.

Developer and Official Perspectives

Developer groups and town planning officials have presented contrasting viewpoints regarding the petitioners' interpretation. Narendra Yadav, President of the Gurgaon Home Developers Association, explained that approved norms provide for road widths ranging from 9 to 24 metres. He clarified that the motorable portion typically spans 4 to 9 metres, with the remaining space allocated for ramps, utilities, and green buffers.

Yadav asserted that measurements between houses on both sides generally align with the sanctioned right of way. Senior Town Planner Renuka Singh emphasized that service plan estimates for any colony or sector receive approval from the Haryana Shahari Vikas Pradhikaran (HSVP), with road cross-sections being fixed during the initial planning stages.

Singh added that occupancy and completion certificates are issued only after thorough verification confirms that infrastructure matches approved plans. Divya Dogra, a senior official with the Department of Town and Country Planning (DTCP), provided further clarification, stating that the definition of a road includes the entire right of way, not merely the metalled surface. "The space between houses on both sides, including ramps and green areas, constitutes part of the corridor," Dogra explained.

Court Emphasizes Need for Fact-Finding Mission

The high court determined that it could not rely solely on competing submissions from both parties and that a physical site inspection was essential to establish factual accuracy. The commission's forthcoming report is expected to significantly influence the court's final directions in the stilt-plus-four case. This decision may also establish important precedents with broader implications for urban planning enforcement not only in Gurgaon but throughout the National Capital Region (NCR).

This judicial intervention highlights growing concerns about sustainable urban development and infrastructure adequacy in rapidly expanding metropolitan areas. The inspection findings could potentially reshape construction regulations and enforcement mechanisms, ensuring that residential development aligns more closely with established safety standards and urban planning principles.