India

Gurgaon Citizens Council challenges S+4 floor policy in High Court

Synopsis

The Punjab and Haryana High Court heard a plea challenging the Haryana government's policy allowing stilt-plus-four (S+4) floor constructions in Gurgaon's residential areas. The Gurgaon Citizens Council, which filed the petition in the year 2021, argued that the policy was reinstated on July 2, 2024, despite an ongoing court case and a pending expert committee review. During the August 8, 2024, hearing, the government assured the court it would halt further approvals for S+4 constructions until the next hearing on August 22. The court directed the government to submit all the relevant policy documents by the aforementioned date.

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The Punjab and Haryana High Court recently heard a plea challenging the Haryana government's decision to allow the construction of stilt-plus-four (S+4) floors in Gurgaon's residential areas. The case, brought forward by the Gurgaon Citizens Council, questions the validity of the S+4 construction policy, which has been a contentious issue since 2021.

The Gurgaon Citizens Council initially filed the petition in 2021, seeking a stay on the government's policy that permits S+4 construction in the city. The policy has been a point of concern for residents, who argue that it could lead to overcrowding and infrastructure strain in already dense residential areas.

In 2023, the Department of Town and Country Planning (DTCP) responded to the court by suspending the S+4 policy and appointing an expert committee to review whether such constructions should be allowed. This move suggested that the government was taking the concerns raised by the citizens seriously and was willing to reconsider its stance.

However, despite the ongoing court case and the expert committee's pending review, the Haryana government reintroduced the S+4 policy on July 2, 2024. This decision led the Gurgaon Citizens Council to question the government's actions, especially since the matter was still under judicial consideration. They argued that the government should not have proceeded with implementing the policy without informing the court or waiting for the expert committee's recommendations.

During the hearing on August 8, 2024, the government's counsel assured the court that no new approvals for S+4 constructions would be granted until the next hearing, scheduled for August 22, 2024. The bench, comprising Justices Arun Palli and Vikram Aggarwal, directed the additional advocate general to submit all relevant documents related to the policy by the next hearing date.

Senior advocate Nivedita Sharma, representing the petitioners, emphasized the importance of following due process and ensuring that the court is kept informed of any developments related to the policy. The court's directive to halt approvals and submit documentation underscores the ongoing judicial scrutiny of the S+4 construction policy in Gurgaon.

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