Court orders action against violators in DLF Phases 1-5
The directions were issued by Punjab and Haryana High court while hearing the petition filed by RWA of DLF phase three in 2021 seeking action against the violators
Gurugram: The Punjab and Haryana high court on Thursday issued directions to the Haryana government to take action against property owner, who have carried out building plan violations and other illegal activities in their houses and submit an action taken report within next two months. The high court bench of Justice Suresh Thakur and Justice Vikas Suri issued directions to the town and country planning department to take departmental action against the violators and they also directed the local courts to decide the petitions of the house owners, which are being heard by then within two months, so that department can take the final decision in these matters.
The directions were issued by Punjab and Haryana High court while hearing the petition filed by RWA of DLF Phase three in 2021 seeking action against the violators. The RWA had submitted that despite submitting complaints of building plan violations, illegal commercial activities and illegal commercial constructions in violation of rules, the department had not taken any action in this matter.
“This Court passes a mandamus upon the respondents concerned, to in respect of the tabulated categories (supra), thus draw prompt action and to conclude the action takings but within two months from today,” the order issued by the double bench of High Court on Thursday said.
With reference to the matters pertaining in local civil courts, the bench observed,”The Civil Courts after considering all the objections against the maintainability of such filed civil suits, to raise an apposite preliminary issue, and to decide the said struck preliminary issue within two months from today.”
A senior DTCP official when asked about the matter said,” The High Court has directed the department to take appropriate departmental action and submit the action taken report within two months. The locally civil courts have also been asked to decide the matters in two months. We will follow the directions of the High Court,” he said.
The DTCP official said that a survey was conducted in the month of November and December on the directions of the High Court and submitted a report, which revealed that there are 5000 houses in DLF phase one to five in which violations have been found. There are 3124 plots of EWS category in DLF phase three out of which 2289 had violations. “A detailed survey report was submitted along with action taken report. A large number of violators have also been issued notices and they will face action as per law,” said the official.
As per the department, the local civil courts have stayed action against 172 plot owners after they approached these courts seeking relief. This matter was also brought into the notice of the Punjab and Haryana High Court, which now has directed the civil courts to decide on these matters within two months, it added.