The Punjab and Haryana High Court recently clarified that it had not issued a stay on the construction of stilt-plus-four floors. However, the Department of Town and Country Planning (DTCP) has put the policy on hold pending a final decision. The court is reviewing a petition from the Gurgaon Citizens Council (GCC) questioning the policy, and a hearing is set for 23rd October. Despite the policy's suspension, guidelines for S+4 construction were issued in July, leading to further debate. Developers hope for revised regulations soon, balancing urban development in Gurugram.
The Punjab and Haryana High Court recently clarified that it had not issued a stay on the construction of stilt-plus-four floors. However, the state government stated that the policy remains on hold as a final decision is yet to be made. The High Court had requested a response from the Haryana government after a realtor filed a petition alleging that a stay had been imposed on the stilt-plus-four-floor (S+4) policy in the city.
A bench of justices, Arun Palli and Vikram Aggarwal, clarified that it was up to the Department of Town and Country Planning (DTCP) to decide whether to implement the policy. During the hearing, additional advocate general Ankur Mittal, representing the government, acknowledged that DTCP had put the S+4 policy on hold, and the court had never issued any ban on its implementation.
The plea by realtors was filed as a two-judge bench was hearing a petition from the Gurgaon Citizens Council (GCC), which had requested a stay on the government's policy permitting stilt-plus-four (S+4) construction in the NCR city. In February 2023, the Department of Town and Country Planning (DTCP) had suspended the implementation of this policy and formed an expert committee to recommend whether S+4 construction should be allowed in Gurgaon.
Despite this suspension, on 2nd July of this year, the department issued guidelines for S+4 construction, leading the GCC to question before the High Court how such rules could be framed if the policy was still on hold. The Standard Operating Procedures (SOPs) allowed S+4 construction in colonies where the layout plan permitted three floors with stilt parking and roads at least 10 metres wide.
The DTCP also outlined standards for issuing occupation certificates (OCs) for buildings where additional floors were constructed without proper permissions. It suggested the creation of a portal to ensure transparency and expedite the approval process for such building plans. In a separate development, developers have filed another petition with the High Court, seeking to become parties in the case. The court has issued a notice to the Gurgaon Citizens Council (GCC) requesting a response.
The High Court is scheduled to take up the case again on 23rd October. As uncertainty remains regarding the policy's implementation, realtors have indicated that the High Court's clarification suggests the DTCP may introduce a revised set of regulations. Narendra Yadav, president of the Gurugram Home Developers Association, mentioned that there was no court order preventing the construction of stilt-plus-four floors in residential areas and that new directives could soon be issued by the department.
The ongoing legal discourse surrounding the stilt-plus-four (S+4) construction policy in Haryana underscores the complexities of urban development in Gurugram. While the Punjab and Haryana High Court has not imposed a stay on the policy, the Department of Town and Country Planning (DTCP) has put it on hold pending further review. As stakeholders, including realtors and residents, await clarity, the court's upcoming hearing on 23rd October is expected to shed light on the policy's future. Meanwhile, developers are hopeful that the DTCP will introduce a revised set of guidelines, ensuring a balanced approach to urban expansion.
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