HC limits stilt-plus-four stay to Gurugram, allows demolition drive
On April 2, the court had stayed the notification allowing stilt-plus-four constructions in urban areas, observing that the state appeared to be putting public safety at risk "merely to earn more revenue". A stilt-plus-four structure comprises a non-habitable stilt floor for parking and four residential floors above.
The court was hearing a batch of petitions filed by residents of Gurugram and Panchkula challenging the July 2, 2024 notification. Petitioners' counsel had argued that a policy cannot be stayed in parts. "…before passing the April 2 order, the court had taken cognisance of an expert committee report that dealt with all the districts, not only Gurugram," senior advocate Salil Sagar submitted. However, the bench indicated that arguments should be expedited for an early decision, and until then the stay would continue only for Gurugram.
The policy, initially notified in 2019, was put in abeyance in February 2023 amid opposition. The state later constituted an expert panel headed by Haryana Pollution Control Board chairman P Raghavendra Rao, which recommended an infrastructure audit. The government subsequently notified the policy again on July 2, 2024.
In a related development, the court declined to halt the ongoing demolition drive in Gurugram. Residents who approached the Supreme Court of India were directed to move the high court, after which they filed an application in the ongoing PIL seeking intervention.
"Without any notices, they are demolishing trees, gates, ramps, etc. in the garb of a high court order of April 2. The court order nowhere says so. The drive is being carried out in unrelated areas that were not even surveyed by the high court panel," senior advocate Gopal Sankaranarayanan submitted.
The bench, however, questioned the contention: "What happens in Gurugram during monsoon? Something drastic has to be done."
Appearing for the state, senior advocate Ankur Mittal said encroachments on the right of way do not require prior notice. "Notices are required in cases involving violations of building or municipal norms. However, for removal of encroachments… gates, DG sets and ramps on the road… are not required," he said.
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