The Department of Town and Country Planning (DTCP) in Gurgaon has initiated action against unauthorised shops constructed on a long-disputed licensed colony land in Chakarpur village, following an intervention by the Supreme Court.
DTCP Order and Directions
In a speaking order issued on May 25, District Town Planner (Enforcement) Amit Madholia directed landowners Dalbir Singh, Charan Singh, and Rajdarbar Iconic Ventures Pvt Ltd to remove the illegal commercial structures and restore the land within 15 days. The order warned that failure to comply would invite coercive action under Section 10 of the Haryana Development and Regulation of Urban Areas (HDRUA) Act, 1975.
Supreme Court Observations
The action follows observations made by the Supreme Court earlier this month while hearing a contempt petition related to the disputed land parcel. The apex court noted that arbitration proceedings between private parties could not stall statutory action against allegedly unauthorised constructions. It directed the DTCP to proceed in accordance with the provisions of the HDRUA Act.
Background of the Dispute
The dispute has seen prolonged litigation spanning nearly two decades, involving land acquisition, exchange deeds, arbitration proceedings, and multiple cases before the Punjab and Haryana High Court and the Supreme Court. Portions of the land were acquired by Haryana Shehri Vikas Pradhikaran and later exchanged with Krisam Properties in 2003, after which legal disputes continued between stakeholders.
Officials revealed that complaints regarding alleged unauthorised construction had led to repeated show-cause notices and restoration orders since 2021, besides a demolition drive conducted in April 2023.
Details of Unauthorised Structures
In its order, the DTCP stated that the illegal shops, including automobile workshops, retail outlets, and cafes, had been operating without approved building plans or statutory permissions. According to the department, the licence for development of the commercial colony expired in July 2006, and no building plans were ever sanctioned for the site. Despite this, the land continued to be occupied by these unauthorised constructions.
Supreme Court Questions Relief
The Supreme Court also questioned the relief granted by an appellate authority that had stayed coercive action during the pendency of arbitration proceedings. It observed that the arbitral tribunal was only examining competing claims over the land and not the legality of structures allegedly raised on it.
This development underscores the importance of adhering to statutory regulations and the role of the judiciary in ensuring compliance with urban planning laws.
