Punjab & Haryana High Court Clears Way for DTCP Action Against Building Code Violations in Gurugram

 

By The Realty Times | Real Estate News Services

GURUGRAM: The Punjab and Haryana High Court has cleared a major legal hurdle for the Haryana Department of Town and Country Planning (DTCP) to take action against unauthorised constructions and violations of building regulations in licensed residential colonies, particularly DLF Phases 1 to 5 in Gurugram.

In its latest ruling, the court clarified that the inclusion of licensed colonies within municipal corporation limits does not automatically take away the DTCP's authority to initiate enforcement proceedings against individual property owners and occupants. The decision addresses a long-standing dispute over the jurisdiction of town planning authorities and municipal bodies.

The case arose after property owners and occupants challenged the DTCP's authority to take action under the Haryana Development and Regulation of Urban Areas Act, 1975.

They argued that once licensed colonies became part of the municipal corporation, enforcement powers over building violations should rest exclusively with the municipal authorities under the Haryana Municipal Corporation Act, 1994.

The High Court rejected this objection, allowing the DTCP to retain its enforcement powers under the 1975 legislation. The ruling was delivered by a division bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor.

The ruling assumes significance amid investigations into alleged building violations across DLF Phases 1 to 5. A comprehensive survey covering 14,757 plots identified several categories of violations, including unauthorised commercial activities in residential properties, construction beyond permissible Floor Area Ratio (FAR) limits and the addition of unauthorised floors.

The violations include properties in both general and Economically Weaker Section (EWS) categories.

Authorities have issued notices and restoration orders to property owners in connection with the alleged violations. Depending on the nature of each case and the applicable legal provisions, enforcement measures may include sealing, demolition and other corrective action.

The proceedings have also highlighted the need to protect the rights of property owners facing enforcement action.

In October 2025, the Supreme Court restored the relevant proceedings before the High Court and directed that affected owners and occupants be given an opportunity to present their objections. The authorities were subsequently required to consider the objections and pass reasoned orders before proceeding with corrective measures.

The decision could have significant implications for property owners, residents' welfare associations, developers and commercial establishments operating in residential colonies.

For residents, enforcement against unauthorised construction and the misuse of residential premises could help address concerns about compliance with approved building plans and permitted land use. At the same time, property owners may need to review their building approvals, sanctioned plans and permitted uses to ensure compliance with applicable regulations.

For Gurugram's real estate sector, the judgment reinforces the importance of adhering to approved building plans, zoning regulations and permitted land use. It also signals that the transfer of a licensed colony into municipal limits does not, by itself, provide immunity from action under the state's town planning law.