HC quashes town planner’s notices to Gurgaon residents

The judgment assumes significance as the ruling will scrap all such notices issued by the DTCP ever since the Gurgaon MC came into being in 2008.

In its ruling,the court has stated the orders passed by the DTCP do not apply to misuse of property in a licensed colony,which has ceased to be a controlled area and falls within the Gurgaon MC.

The court disagreed with Haryana Advocate General Hawa Singh Hooda’s argument that the Municipal Act was enacted to prevent haphazard and sub-standard development. The Bench has held that if there is any violation after the constitution of the MC,action can only be initiated by the municipal commissioner.

The government had also contended that the controlled area under the 1963 Act continues to be the same even after it falls within the municipal limits either under the Municipal Act-1973 or Haryana Municipal Corporation Act-1994.

The court had stated that though the provisions of 1973 Act are clear that the DTCP will have no jurisdiction to initiate proceedings in the erstwhile controlled area now forming part of municipal area,but the provisions of 1994 Act are somewhat ambiguous.

It added: “The municipal corporation is generally upgraded to that status from an existing municipal council. The interpretation suggested by Hawa Singh Hooda cannot be accepted,as the action within the area of municipal council can be initiated only by the director,Urban Development Department in view of the express provisions of the said Act but in case the argument of Hawa Singh Hooda is accepted then the effect would be that within the limits of the municipal corporation,it would be the Director,Town & Country Planning to initiate action for violation of controlled area.”