The Department of Town and Country Planning (DTCP) in Haryana can take enforcement action against unauthorised construction and other building violations in areas that have come under a municipal corporation, the Punjab and Haryana High Court has held.
The ruling came in proceedings concerning alleged violations in DLF City, Gurugram, where questions had arisen over whether town planning authorities retained jurisdiction after the licensed colony became part of the Municipal Corporation of Gurugram.
A Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor held, in an interim order, that the Haryana Development and Regulation of Urban Areas Act, 1975 continues to apply to urban areas even after their inclusion within municipal limits.
The Court was dealing with a batch of petitions concerning alleged unauthorised constructions in DLF City.
The affected plot holders and occupants had challenged the authority of the District Town Planner Enforcement (DTPE), who acts under the authority delegated by the Director of Town and Country Planning. Their contention was that after the licensed colony became part of the municipal corporation, enforcement relating to building violations could only be undertaken by municipal authorities.
The High Court did not accept that interpretation.
It held that bringing a licensed colony within the municipal limits does not, by itself, bring an end to the powers available under the 1975 Act.
The Court noted that the conditions attached to a colony’s licence continue to have legal effect. Those conditions require development to conform to the sanctioned layout, zoning plan and approved building plans.
The Bench reasoned that if the licence remains operative and Section 3B of the 1975 Act prohibits construction contrary to approved plans and licence conditions, the enforcement mechanism under Section 10 must also remain available.
The Court further observed that the DTCP Director, or an officer authorised by the Director, can take necessary steps to prevent further unauthorised construction and, where required, restore a building or land to its original condition.
Importantly, the responsibility to comply with the approved zoning and layout is not confined to the original developer. The Court said the obligation can also extend to individual plot owners and occupants.
The proceedings come against the backdrop of widespread complaints concerning alleged violations in Gurugram’s DLF City, including the use of residential plots for commercial purposes. The alleged violations cover both general-category and economically weaker section (EWS) plots.
The High Court had earlier directed authorities to act against around 4,000 alleged unauthorised constructions in DLF City. Those structures were stated to be contrary to the applicable zoning plan, building bye-laws and Haryana Building Code.
That earlier direction followed petitions filed by the DLF City Residents Welfare Association and DLF-3 Voice, which had sought enforcement of an action taken report concerning complaints of unauthorised construction.
The Supreme Court subsequently set aside that order in October 2025 and directed the High Court to reconsider the matter after providing affected persons an opportunity to be heard.
The proceedings have since been taken up on a fast-track basis.
The latest order therefore addresses a key jurisdictional issue in the ongoing dispute: the incorporation of a licensed colony into municipal limits does not, by itself, remove the enforcement powers available under the state urban development law.