Gurugram, May 27 (PTI) After demolition drives targeting roadside encroachments and illegal structures across Gurugram, the district administration has initiated action against alleged unauthorised shops and commercial structures operating on licensed colony land in Chakkarpur village.
In a speaking order issued on Monday, the District Town Planner (Enforcement), Gurugram, directed landowners Dalbir Singh and Charan Singh, along with Rajdarbar Iconic Ventures Private Limited, to remove alleged violations and restore the land within 15 days, failing which coercive action would be initiated under Section 10 of the Haryana Development and Regulation of Urban Areas (HDRUA) Act, 1975.
The action follows observations made by the Supreme Court earlier this month while hearing a contempt petition linked to the disputed land parcel.
The apex court observed that arbitration proceedings between private parties could not stall statutory action against allegedly unauthorised constructions and directed the district town planning (DTCP) department to proceed in accordance with provisions of the HDRUA Act.
Questioning the relief granted by an appellate authority that had stayed coercive action during the pendency of arbitration proceedings, it observed that the arbitral tribunal was only examining competing claims over the land and not the legality of structures allegedly raised on it.
The bench subsequently directed the district town planner to proceed according to the law and requested expeditious conclusion of the arbitration proceedings.
The DTCP order pertains to land covered under Licence No. 85 of 2004 in Chakkarpur village, where authorities alleged that multiple commercial establishments, including automobile workshops, cafes, retail outlets and material stores, had been operating without approved building plans or statutory permissions.
According to the department, the licence for development of the commercial colony expired in July 2006, and no building plans were ever sanctioned for the site. Authorities also alleged that the licensed land continued to be occupied by unauthorised constructions in violation of Section 3B of the HDRUA Act.
The dispute has seen prolonged litigation over nearly two decades involving land acquisition, exchange deeds, arbitration proceedings and multiple cases before the Punjab and Haryana high court and the Supreme Court.
The order states that portions of the land were acquired by HSVP and later exchanged with Krisam Properties Private Limited in 2003, after which legal disputes continued between the stakeholders.
Officials said complaints regarding alleged unauthorised construction had led to repeated show-cause notices and restoration orders since 2021, besides a demolition drive conducted in April 2023.
Rejecting objections raised by the parties, the DTCP said pendency of arbitration proceedings, civil appeals or writ petitions did not automatically bar statutory action in the absence of any explicit stay order restraining authorities from proceeding under the law. PTI COR SHS SHS
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