GURUGRAM: The Supreme Court on Friday stayed a demolition drive in DLF phases 1 to 5 by the town and country planning department, halting a team that had arrived at the site to bring down illegal constructions and residential properties turned into commercial complexes like gyms and guesthouses.
The division bench of justices JK Maheshwari and Aravind Kumar ordered a status quo, slamming the brakes on all current and planned enforcement measures until the next hearing, slated four weeks from now.
The SC was hearing a petition by DLF Qutub Enclave RWA, challenging the country planning department’s authority to act on these properties. Lawyers Indira Jaising and Anuj Saxena — who represented the RWA — argued that the five DLF phases had been under the jurisdiction of Municipal Corporation of Gurgaon (MCG) since 2008, which meant that only the civic body had the power to initiate actions such as demolitions.
“There are two conflicting orders from different division benches of the Punjab and Haryana high court regarding constructions in DLF phases. So, it is legally questionable how action could be taken based on only one of the orders. The Supreme Court has rightly asked all parties to maintain status quo and issued notices seeking responses from all stakeholders. The next hearing is scheduled after four weeks,” Saxena said on Friday.
On Feb 13, the HC asked authorities to pursue action against unauthorised constructions, alterations and commercialisation in residential zones of DLF areas. The court also sought an action-taken report by April 19.
Subsequently, the department issued over 4,500 show-cause notices and restoration orders to more than 2,200 houseowners in the five DLF phases. Officials planned to embark on an enforcement drive from Friday itself, warning of demolition, cancellation of occupation certificates, and disconnection of water, sewer, and electricity services for residents who did not comply with the notices.
The RWA then moved the SC, claiming that the HC had issued contradictory orders. In 2012, the petitioner said, a HC bench had clarified that the country planning department had no jurisdiction in matters related to DLF areas. But this year, the HC asked the same department to initiate action.
In keeping with the plan to proceed with demolitions, district town planner Amit Madholia arrived in DLF-3 with four enforcement squads, 200 police personnel, and four duty magistrates on Friday morning. By noon, however, the SC had issued its interim directive, asking all parties to maintain status quo and suspending any further action.
The demolition teams stepped back, with Madholia saying he would observe the SC’s direction and wait for further orders to resume any enforcement measures.
Residents expressed relief at the order. “This brings much-needed relief to residents who were living under the constant fear of demolition. Many of these homes are decades old, and the notices had created immense mental stress among the owners,” RWA president Baljeet Singh Rathi said.
