New Delhi, Nov 4 In a major relief to thousands of homeowners across DLF Phases 1 to 5 in Gurugram, the Supreme Court has set aside an order of the Punjab and Haryana High Court that had directed the demolition of unauthorised constructions and sealing of commercial establishments in residential zones.
A Bench of Justices J.K. Maheshwari and Vijay Bishnoi, while restoring the writ petitions before the Punjab and Haryana High Court, ruled that no adverse action can be taken without hearing the affected parties. The Justice Maheshwari-led Bench held that “opportunity of hearing is a sine qua non for fair administration of justice”, adding that the impugned order had been passed “without joining the appellants as parties in the writ petition.”
The apex court said that the High Court’s directions —ordering the closure of 172 pending civil suits and mandating demolitions within two months—had serious implications for property owners who were neither heard nor impleaded as parties. The decision came on a batch of special leave petitions (SLPs) filed by Gurugram residents challenging the Punjab and Haryana High Court’s February 13 order in a public interest litigation (PIL) filed by the DLF City Resident Welfare Association (RWA) in 2021.
The SLPs argued that the High Court’s directions were passed “without affording opportunity of hearing” and in disregard of ongoing civil proceedings concerning ownership and legality of the constructions.
The Supreme Court, while acknowledging that illegal constructions cannot be protected, observed that any illegality must be dealt with in accordance with due process of law. “Unauthorised or illegal construction, commercial use of residential property, contrary to the norms, rules and regulations, cannot be protected. But the determination of such a fact ought to be made by the authorities affording due opportunity to the owners and occupiers,” observed the Justice Maheshwari-led Bench.
The apex directed the restoration of the writ petitions before the Punjab and Haryana High Court, granting two weeks for affected individuals to file applications to join the proceedings. “It goes without saying that the opportunity of hearing is a sine qua non for fair administration of justice, and the observations of the court should not adjudicate the rights of any parties unheard,” the order said.
The Supreme Court also asked the Haryana government to give “wide publicity” to its order so that all affected residents could approach the Punjab and Haryana High Court. It further asked the High Court to decide the petitions at the earliest, as far as possible, within six months after affording opportunity to all concerned.”
Earlier, a February order from the Punjab and Haryana High Court had prompted the Town and Country Planning Department (DTCP) to prepare for major sealing and demolition operations.
Following the High Court order, the DTCP had identified around 2,100 properties across DLF Phases 1-5 for alleged violations, including residential buildings being used for commercial purposes such as paying guest accommodations, guest houses, and shops. Later, the order was temporarily stayed by the Supreme Court.
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