Gurgaon: Punjab and Haryana high court has settled a key jurisdictional issue that had complicated enforcement action in licensed colonies for years, holding that their inclusion within municipal limits does not divest the department of town and country planning (DTCP) of its authority to act against building violations.The ruling is crucial for DLF 1 to 5 in the city, where unauthorised construction and commercial use of residential properties have been under judicial scrutiny. The court was considering a preliminary objection raised by plot owners and occupiers, who argued that once a colony licensed under Haryana Development and Regulation of Urban Areas Act, 1975, comes within the limits of a municipal corporation, the DTCP director or his delegate can no longer proceed against individual plot holders for building violations. They contended that such powers then vest exclusively on the corporation under Haryana Municipal Corporation Act, 1994.The court rejected the objection.The order comes against the backdrop of a long-running jurisdictional dispute over licensed colonies, which has often been cited as a reason for enforcement action getting delayed in litigation. The issue dates back to 2009 and has assumed importance in DLF’s five phases, where several residential properties have allegedly been used for commercial purposes and many constructions were purportedly carried out beyond permissible FAR or with additional floors.The division bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor noted that a comprehensive survey of the licensed area across DLF 1 to 5 covered 14,757 plots, including 11,008 in the general category and 3,749 in the EWS category. The survey reports identified violations such as commercial use of residential plots and construction beyond permissible FAR or additional floors. These were classified as non-compoundable violations.Notices under Section 10(2) of the 1975 Act were later issued, followed by restoration orders. In some cases, sealing, demolition proceedings and FIRs were also initiated.The proceedings arose from complaints alleging inaction by the district town planner (enforcement), Gurgaon, particularly in relation to violations in DLF 3. Earlier action-taken reports had recorded large-scale unauthorised construction and recommended steps such as cancellation of occupation certificates, registration of criminal cases and disconnection of utilities.The matter also reached Supreme Court after affected plot owners challenged an earlier high court order. In Oct 2025, Supreme Court restored the petitions, observing that alleged unauthorised construction or commercial use contrary to applicable norms cannot be protected, but affected owners and occupiers must be given an opportunity of hearing.Following Supreme Court’s directions, the high court restored the proceedings and allowed affected parties to file objections. Public notices were issued in Dec 2025, after which 763 objections were received against 5,099 identified violators. The DTCP enforcement authority subsequently passed speaking orders, including one rejecting the objection to its jurisdiction.The high court’s latest order keeps the enforcement mechanism under the 1975 Act available even in licensed colonies that have later come within municipal limits. The court also observed that the issue of transfer of DLF 1 to 5 to the corporation must be examined factoring in relevant statutory provisions.The ruling could have wider implications for enforcement in other licensed colonies where the overlap between municipal corporation’s powers and DTCP’s regulatory authority has been contested.
