DTCP retains jurisdiction in colonies under MCG, says Punjab and Haryana HC

GurugramThe Punjab and Haryana High Court on Wednesday held that licensed colonies falling under the limit of the Municipal Corporation of Gurugram remain subjected to the regulations of the department of town and country planning (DTCP), which grants licences for colonies

Gurugram

Licences are granted under the Haryana Development and Regulation of Urban Areas Act, 1975. (Representative photo)

The Punjab and Haryana High Court on Wednesday held that licensed colonies falling under the limit of the Municipal Corporation of Gurugram remain subjected to the regulations of the department of town and country planning (DTCP), which grants licences for colonies.

The licences are granted under the Haryana Development and Regulation of Urban Areas Act, 1975.

The court made the observation in a hearing on September 7—the order was made available on Wednesday evening—while hearing petitions filed by the DLF City Residents Welfare Association and another party against the State of Haryana, and other related petitions, challenging action taken by enforcement wing of the DTCP against violations in constructions across the city.

A bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor said, “The Haryana Development and Regulation of Urban Areas Act, 1975 applies to all urban areas in the state of Haryana, including the land falling within the limits of a municipal area. The inclusion of a licensed colony within the limits of the Municipal Corporation, Gurugram, does not extinguish the jurisdiction conferred by the said Act.”

The court observed that the jurisdiction of the director of town and country planning and of the officer authorised by the director, under Section 10 of the Act of 1975, derives from the licence granted under sections 3 and 3B, and not from the situation of the land within or outside municipal limits. “It is therefore, unaffected by municipalisation,” the order said.

The petitioners contended that after takeover of a private colony by MCG, the jurisdiction of DTCP ceases to exist.

To be sure, the DTCP’s enforcement wing issued notices to owners of around 8,000 properties across the city, and passed restoration orders in the case of 6,000 properties. Action has been taken against 102 properties in DLF Phases 3 and 4, with other properties located in Sushant Lok-1, South City-1, and Palam Vihar. These include guest houses and commercial units that have been sealed and demolished illegal constructions in stilt areas.

The court observed that sections 203-C and 203-G of the Haryana Municipal Act, 1973, and sections 346 to 350D of the Haryana Municipal Corporation Act, 1994, do not transfer or alter the powers conferred by the Act of 1975 with respect to licensed colonies.

“The preliminary objection regarding the jurisdiction of the District Town Planner (Enforcement), Gurugram, is accordingly rejected,” the court order said.

Amit Madholia, district town planner, enforcement, said, “We have received the written order from the Punjab and Haryana High Court regarding jurisdiction in licensed colonies. It affirms that the Town Planning Department possesses full authority to take action under the 1975 Act within town planning areas.”

The next date of hearing in this matter is scheduled on October 13.