High Court Issues Interim Stay on Haryana's Stilt-Plus-4 Building Policy
In a significant development with far-reaching implications for the real estate sectors in Haryana and Punjab, the Punjab and Haryana High Court has issued an interim order restraining the Haryana state government from proceeding with its controversial "stilt-plus-4 policy." This policy, which allows for the construction of four-storey houses in residential sectors and colonies, has been temporarily halted until the court delivers a final decision on multiple petitions challenging its validity.
Court's Rationale and Expert Committee Findings
A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry announced the order on Thursday, emphasizing that arguments in the case are taking considerable time to conclude. Without commenting on the validity of the notification dated July 2, 2024, issued by the additional chief secretary of Haryana's town and country planning department, the court deemed it appropriate to restrain the state from advancing the policy. The interim stay will remain in effect until the next hearing date.
The bench is currently hearing a batch of petitions, including those filed by former Army chief General V.P. Malik, who is challenging the construction of such buildings in Panchkula, and Sunil Singh along with others regarding similar issues in Gurgaon. In a detailed 12-page order, the Chief Justice referenced a report from a high court-appointed committee that inspected internal roads in Gurgaon's residential sectors, such as Sector 28 and DLF Phase-I.
The inspection report revealed alarming findings: while the prescribed width of internal roads ranges from 10 to 12 meters, the actual motorable road area available for traffic and pedestrians is only 3.9 to 4.8 meters. This significant shrinkage is attributed to multiple factors, including inadequate sanitation and sewerage infrastructure, over-population, defective town planning, insufficient garbage disposal, blocking of aquifers due to indiscriminate road paving, and rampant construction activities that prevent groundwater recharge.
Infrastructure Concerns and Potential Consequences
The bench further observed that a review of the expert committee's report highlights a critical concern: without proper infrastructural backup, permitting an increase in the number of floors would impose an additional burden on the existing infrastructure. The court noted that Gurgaon is on the verge of crumbling under the strain of increased usage by a larger population, particularly those residing on the fourth floor, without adequate infrastructural capacity to support such growth.
Background of the Case and Petitioners' Arguments
The legal challenge began in 2024 when former Army chief General V.P. Malik and several environmentalists filed a Public Interest Litigation (PIL) against the "apartmentalisation" of residential sectors developed by the Haryana Sahari Vikas Pradhikaran (HSVP). Their petition targets the permissions granted for building stilt-plus-four-storey structures and the increase in Floor Area Ratio (FAR).
The petitioners have sought directions to quash the increases in maximum purchasable FAR and maximum permissible heights introduced through the Haryana building codes of 2016 and 2017. They argue that these policy changes were implemented without any scientific or engineering studies to assess their impact and without provisions for claiming compensation for damages resulting from such decisions. This lack of foresight, they contend, poses serious risks to urban planning and environmental sustainability in the region.
