HC empowers DTCP to act against most owners
Gurugram, June 2 -- The Department of Town and Country Planning (DTCP) on Monday said it can now proceed against property owners involved in building norm violations and those running illegal commercial establishments in residential houses in DLF Phase 1 to 5 after the Punjab and Haryana High Court restricted its earlier protection order to a limited group of property owners.
During a hearing on May 29, the Punjab and Haryana High Court directed that the protection granted on November 26, 2025, would continue only for those property owners who had submitted replies to DTCP's show-cause notices and had impleaded themselves in the case. The next hearing is scheduled for July 6.
In its order, a bench of chief justice Sheel Nagu and Justice Sanjeev Berry said, "The restraint order passed on 26.11.2025, contained in paragraph 15 of the said order, is restricted to cover only those additional respondents, who have been impleaded and not to others."
DTCP officials said the matter relates to illegal constructions and commercial activities being carried out from residential properties in DLF Phase 1 to 5, where such use is not permitted.
According to officials, notices were issued to 5,099 property owners and only 763 of them submitted replies. Last year, the DTCP enforcement wing conducted a survey on the directions of the Punjab and Haryana HC and identified violations in more than 5,000 properties. Following the survey, the department issued show-cause notices and restoration orders to the owners.
Officials said the high court had subsequently directed the department to provide an opportunity of hearing to affected property owners before taking further action.
The November 26, 2025 order passed by Justice Harsimran Singh Sethi and Justice Vikas Suri had restrained the District Town Planner, Enforcement, Gurugram, from taking action to remove building violations. However, the court had also directed that any fresh construction in violation of building norms would amount to a violation of the court's order and may invite contempt proceedings.
When asked about the next course of action, DTCP officials said enforcement measures would be based on directions issued by the director, DTCP. They added that since the matter is sub judice, the department would also await further directions from the Punjab and Haryana High Court.
"The Punjab and Haryana High Court has vacated the stay in the matter of violations in DLF phase one to five. The court has extended protection to only over 700 property owners who have impleaded themselves in the matter. Action can now be taken against other violators. We will seek directions in this matter from director, town and country planning department to proceed further," said Amit Madholia, district town planner, enforcement.
In response, Manish Dhawan, general secretary, DLF City RWA, which has filed the petition against illegal commercial establishments and constructions said that they welcome the decision of the court, and want authorities to take action as per rules. "We want action against illegal commercial activities and constructions which are against rules. We welcome this order."...
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