DTCP retains authority over colonies within MCG limits: HC
Gurugram, Sept. 25 -- The Punjab and Haryana High Court has held that licensed colonies falling within the limits of the Municipal Corporation of Gurugram (MCG) remain subject to regulations of the department of town and country planning (DTCP), which grants licences under the Haryana Development and Regulation of Urban Areas Act, 1975.
The court made the observation in an order on September 7, made available on Wednesday, while hearing petitions filed by the DLF City Residents Welfare Association and others challenging action taken by the DTCP's enforcement wing against building violations across Gurugram.
A bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor said the 1975 Act applies to all urban areas in Haryana, including land within municipal limits.
"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 bench said.
The court observed that the jurisdiction of the director of town and country planning and officers authorised under Section 10 of the Act flows from licences granted under sections 3 and 3B and is therefore "unaffected by municipalisation".
The petitioners had argued that DTCP's jurisdiction ceases after a private colony is taken over by MCG. The court rejected this contention, observing that provisions of the Haryana Municipal Act, 1973, and Haryana Municipal Corporation Act, 1994, do not transfer or alter powers conferred under the 1975 Act. "The preliminary objection regarding the jurisdiction of the District Town Planner (Enforcement), Gurugram, is accordingly rejected," the order said.
DTCP has issued notices to around 8,000 properties and restoration orders to about 6,000. Enforcement action was taken against properties in DLF Phases 3 and 4, Sushant Lok-1, South City-1 and Palam Vihar....
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