The long-standing dispute concerning illegal construction and commercial misuse in the residential colonies of DLF phases 1 to 5 in Gurgaon has entered a critical new phase. The Punjab and Haryana High Court has issued a significant directive, offering a fresh opportunity for homeowners previously served with violation notices to present their case.
Court-Mandated Process for Homeowner Representation
Acting on the High Court's oral instructions from a November 26 hearing, the enforcement wing of the Town and Country Planning Department (TCPD) has swung into action. The department has been directed to invite objections from all plot and house owners who received notices. The final date for submitting these objections or representations is December 31. The department has made it clear that no submissions will be entertained after this strict deadline.
District Town Planner (Enforcement) Amit Madholia confirmed the process, stating that the department has immediately complied with the court's instructions. A detailed public notice has been issued, uploaded on the official department website (tcpharyana.gov.in), and published in leading national newspapers to ensure maximum awareness.
What Homeowners Must Submit
Madholia urged residents to meticulously check the published lists to verify if their properties are listed. For those filing objections, he outlined the necessary documentation. Homeowners must provide their full name, address, contact number, and all documents supporting the legality of their construction. This submission must include the approved building plan, the occupation certificate, and recent photographs of the property. These records are deemed essential for a fair assessment of each individual case.
Background of the Widespread Violations
The current legal proceedings follow a comprehensive survey conducted across DLF phases 1 to 5, which uncovered a staggering number of violations. The survey identified illegal construction and unauthorized commercial activities in 4,183 plots and houses. This report was formally submitted before the High Court on January 22, 2025.
Further inspection reports prepared between January 23 and April 4, 2025, are now available online for residents to check their property's status. Prior to the court's intervention, the TCPD had already initiated strong action, issuing 2,111 restoration orders by March 31, 2025. These orders included recommendations to cancel occupation certificates, disconnect essential utilities like water and electricity, and proceed with demolition or sealing where necessary.
Supreme Court Intervention and the Path Forward
The High Court's latest order comes after the Supreme Court, on October 28, set aside an earlier HC order and sent the matter back for a fresh hearing. The apex court observed that many affected residents were neither heard nor made parties to the original proceedings, which it termed a violation of the principles of natural justice. The Supreme Court restored the petitions and instructed the state government to publicize the matter widely to ensure all affected individuals could present their side.
With the matter now back before the High Court, the TCPD will compile all objections received by the year-end deadline and subsequently provide hearings to the affected homeowners. The department is required to complete this process within a 45-day window and file a status report before the court. The next hearing in the case is scheduled for January 15.
Reaffirming the department's stance, DTP Madholia emphasized, "Illegal construction and commercial activities are clear violations of the Haryana Development and Regulation Act. All further action will strictly follow court directions and will be conducted with full transparency." This development marks a crucial juncture for thousands of Gurgaon residents, offering a final chance to legally defend their properties before enforcement actions resume.
