Building violations notice: DTCP holds hearing for DLF residents
Gurugram, Jan. 20 -- The Department of Town and Country Planning (DTCP) held a public hearing on Monday for property owners in DLF Phase 1 to Phase 5 issued notices for violations of sanctioned building plans and illegal commercial activities. The hearing, conducted by Amit Madholia, district town planner (Enforcement), followed Supreme Court directions after residents challenged the notices.
Over the past year, around 4,500 notices have been issued in these phases. Residents approached the SC, arguing the DTCP lacked jurisdiction, as the area falls under the Municipal Corporation of Gurugram.
Addressing this, Madholia clarified the department operates under the Haryana Development and Regulation of Urban Areas Act, 1975, not the 1963 Act. "The jurisdiction of the DTCP is applicable in a licensed colony even if the area falls in municipal areas. The colonies that have come up in DLF Phase 1 to Phase 5 are a licensed area. All violations found here are related to the Haryana Urban Development Act of 1975 and the licence conditions. Therefore, the Town and Country Planning Department has complete jurisdiction in this area," he stated.
Officials said about 1,000 property owners filed objections to the notices, with over 100 attending the hearing. Most objectors argued that since DLF areas are under the MCG, the Town and Country Planning Act, 1963, does not apply, and building plans and occupancy certificates are issued under that Act, placing jurisdiction solely with the corporation. "Enforcement action in licensed plotted colonies, including DLF Phase 1 to Phase 5, is carried out solely by the department, and the builder has no role in the process," said a senior DTCP official.
DTCP officials explained violations would be treated as direct breaches of the 1975 Act, with action under Section 3-B taken only by the Director, DTCP, or an authorised officer. The department cited judicial precedents, including Shiva Ice Factory vs. Government of Haryana, where the Punjab and Haryana High Court upheld the department's authority in licensed colonies within municipal limits, a position affirmed by the Supreme Court.
"All the property owners were given an opportunity of hearing on Monday. Several property owners have filed their objections, and these were clarified. We will now pass a common speaking order and share it with all owners who had filed objections. A copy of the same will be submitted to the Punjab and Haryana High Court," said Madholia.
Advocate Anuj Saxena, a SC advocate representing residents, said the hearing was important after the SC set aside an earlier HC order. "There are conflicting High Court rulings on whether the MCG or the department of town and country planning has jurisdiction in licensed colonies, and the issue would be placed before the HC for clarity," he added....
To read the full article or to get the complete feed from this publication, please
Contact Us.