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Haryana High Court suspends Gurgaon's four-floor policy amid infrastructure concerns

Synopsis

The Punjab and Haryana High Court has postponed the next hearing on the stilt-plus-four (S+4) floors policy to September 3. The policy, which allows four-floor buildings on residential plots, was paused after concerns about its impact on Gurgaon's infrastructure. The Gurgaon Citizens Council (GCC) challenged the policy, leading to a court-ordered suspension until further review. Builders sought to join the case, but GCC opposed their involvement. They emphasised the need for an environmental impact assessment, citing strained city services like water and sewage. They argue that reimplementing the policy without infrastructure upgrades would further damage the city's urban fabric.

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The Punjab and Haryana High Court has postponed the next hearing about the "stilt-plus-four (S+4) floors policy" to 3 September. In the most recent hearing on Thursday, the Department of Town and Country Planning (DTCP) informed the judges, Justices Arun Palli and Vikram Agarwal, that the government has temporarily suspended this policy. Last month, the Haryana government granted permission for construction of four floors, causing concerns about the city's infrastructure. The Gurgaon Citizens Council (GCC), a residents organisation, reached out to the high court challenging this policy.

In the earlier court session, Haryana's Additional Advocate General, Ankur Mittal, assured the court that the "stilt-plus-four floors policy" would be paused. The court then gave the state a deadline of 22 August (Thursday) to provide a response regarding this policy. When the DTCP submitted its response on that Thursday, the court decided to continue the suspension of the policy until the next hearing. The reason for this delay is to give the court enough time to thoroughly review the state's submission and carefully consider the potential consequences of allowing buildings with four floors above a stilt.

The government had initially given the green light for the construction of stilt-plus-four (S+4) floors on residential plots after pausing the approval of new building plans for over a year and a half. However, on 23 February 2023, the approval for these types of buildings was stopped. This halt came after residents in licensed colonies requested a ban on constructing a fourth floor, arguing that it would put too much strain on the existing infrastructure and public services.

Several builders, including private companies, have asked the court to let them join the ongoing case. They have filed applications with the High Court to become involved. However, the court is yet to make a decision on these requests. Senior advocate Nivedita Sharma, who is representing the GCC, argued against allowing the builders to participate in the case. She emphasised that their involvement is unnecessary and irrelevant to the case. Sharma referred to a Supreme Court order from a similar case in Chandigarh, where the court ruled that no urban planning should move forward without first conducting a thorough environmental impact assessment. She used this precedent to argue that an assessment is essential in the current case, considering the impact of the policy on the city's already overburdened infrastructure.

Vice President of the GCC, Baljeet Rathi, expressed strong disapproval of bringing back the four-floor construction policy without first upgrading the necessary infrastructure. He warned that allowing more four-floor buildings would worsen the city's essential services, such as drinking water supply, sewage systems, and drainage, which are already struggling to meet demand. Rathi emphasised that when the government previously implemented the four-floor policy without addressing the existing infrastructure problems, it caused considerable harm to the city's overall urban environment.

In conclusion, The Punjab and Haryana High Court has postponed the hearing on the "stilt-plus-four (S+4) floors policy" in Gurgaon to September 3, maintaining the suspension of the policy until further review. The case highlights the need to address infrastructure concerns before implementing policies that could strain the city's resources, as emphasised by the Gurgaon Citizens Council.

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