For private school teacher Richa Bhardwaj (51), the dream of upgrading to a bigger house as her sons grow up has been a testing one. The hurdle is not a lack of finances, but an administrative circular issued in March 2009 by the Financial Commissioner, Town & Country Planning Department, that limits the registration of residential plots to those measuring 180 square yards and above in Gurgaon.
Residing in the F block of Suncity township off Golf Course Road, Bhardwaj can neither sell her 2BHK apartment — purchased in 2003 and measuring less than 180 sq yards — nor avail of a mortgage because it’s not registered. “My children are growing up, and they need a separate room. I cannot think of getting my elder son married because of this,” she said.
She is not alone.
For over 70 similarly placed homeowners in Suncity, and hundreds of families across private plotted colonies in Gurgaon, the dream of undisputed property ownership has turned into a 15-year-long ordeal. Despite paying the full sale consideration, taking possession, and regularly paying municipal taxes, these residents are continually denied property registration.
The legal impasse
At the core of the dispute is the 2009 administrative circular invoked by authorities to deny registrations. Homeowners argued that this circular is obsolete, pointing out that the state government itself amended the Haryana Development and Regulation of Urban Areas Act, 1975, in September 2009.
The amendment introduced Section 3-C explicitly permits the registration of independent residential floors in licensed colonies without prescribing any minimum plot size restriction, while also enabling the government to collect additional stamp duty.
Frustrated by the roadblock, Suncity homeowners approached the Punjab & Haryana High Court in 2022, seeking the enforcement of their right to property registration. However, three years into the litigation, serious concerns have emerged over administrative apathy.
Key government departments — including the State of Haryana (through the Financial Commissioner & Principal Secretary) and the Department of Revenue & Disaster Management — are yet to file their replies in court. So far, only the Directorate of Town and Country Planning (DTCP) and the developer, Suncity Projects Pvt. Ltd., have responded, stating that a policy revision is being deliberated. The Haryana Urban Development Authority (HUDA) has also filed an affidavit.
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In their petition, residents accused the authorities of discriminatory and arbitrary conduct. “The Respondent authorities, by their act and conduct, are not only infringing the fundamental right of the petitioners but are also blatantly violating the statutory provisions under the guise of a circular,” the plea stated.
The petition also highlighted that banks are refusing to provide reverse mortgage loans to senior citizens, solely because their conveyance deeds are unregistered. Calling it a constitutional infringement, the plea noted that this non-registration violates the Right to Life under Article 21, as petitioners cannot fully enjoy property purchased with their hard-earned money.
In May 2023, the then Director-General of the Town & Country Department TL Satyaprakash told Suncity residents, responding to their letter, that the issue is a “tricky” one and “we may deliberate” on it.
A heavy toll
Unable to legally transfer or sell their properties, many buyers have been forced into the General Power of Attorney (GPA) route, creating severe legal uncertainty.
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Chitresh Dutta, a 70-year-old retired Central government engineer who bought his Suncity home in 2004, shared his frustration: “My kids have all grown up. I am not able to sell, so I cannot even think of getting a bigger property.”
Dr Chanchal Deol, 67, an orthopaedic surgeon who has worked at several central government hospitals, pointed out the financial limitations for senior citizens. “I am not able to sell or take a reverse mortgage. I want to shift to Delhi to be close to my family, but I am unable to. It is a discriminatory policy,” he said.
Jyoti Bora, 63, a retired house manager at Assam Bhawan in Delhi, echoed the sentiment. “Our home is undervalued. We just want the security of registration for mental peace.”
A widespread issue
The crisis extends far beyond Suncity. At Sushant Lok Extension, RWA president Pawan Yadav noted that properties even a few yards short of the 180 sq yard-mark are being denied registration.
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“Families are not able to marry off children or take loans. At least the properties that are already built should be registered so that the common man can have a home,” Yadav stressed.
He added that there are at least 500 families in Sushant Lok 2 and 3 who possess allotment letters and builder-buyer agreements, but no title or conveyance deeds. “Those who are old have medical expenses they cannot pay for. If 100 sq yard plots by the housing board can be registered, then why not ours?”
In Sushant Lok, the impasse has also impacted local governance. “As per norms, we cannot take those without registered plots as voting members. So, like tenants, they are non-voting RWA members as of now,” Yadav explained.
Residents from both Suncity and Sushant Lok emphasised that they are more than willing to pay the requisite stamp duty once registrations are permitted. “It is revenue for the government after all; right now, it is their loss too,” both Yadav and Suncity RWA Chairperson Kusum Sharma noted.
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“We are not asking for any concession — we are asking for implementation of the law as it exists since 2009,” Sharma said. “The amendment is clear, yet authorities continue to ignore it. If unauthorised colonies can be regularised, then why can’t the law override an outdated policy here?”
The petitioners have sought a writ of mandamus from the High Court, directing the authorities to register their conveyance deeds in accordance with Section 3-C of the amended Act, ensuring equal and non-discriminatory treatment.
The matter is slated for hearing next on May 12.
