Punjab And Haryana HC Clarifies No Stay On Stilt-Plus-Four Floors; Policy Still On Hold Pending Decision

Gurugram: The Punjab and Haryana High Court recently clarified that it had not placed a stay on the construction of stilt-plus-four floors, though the state government stated that the policy remains on hold pending a final decision.

The court sought a response from the Haryana government following a petition filed by a realtor, who claimed a stay had been imposed on the stilt-plus-four-floor (S+4) policy in Gurgaon, reported TOI. 

A bench consisting of Justices Arun Palli and Vikram Aggarwal noted that the Department of Town and Country Planning (DTCP) holds the authority to decide whether the policy should be implemented. During the hearing, Additional Advocate General Ankur Mittal, representing the government, confirmed that while DTCP had paused the S+4 policy, the court had not issued any ban on its execution.

This realtor's plea coincided with an ongoing petition from the Gurgaon Citizens Council (GCC), which had requested a stay on the government's S+4 construction policy in the NCR city. 

In February 2023, DTCP halted the policy and formed an expert committee to assess whether S+4 construction should be permitted in Gurgaon. However, despite this suspension, the department issued new guidelines on July 2, leading the GCC to challenge the creation of these rules while the policy was still under review by the court.

The guidelines permitted S+4 construction in areas where the layout plans allowed three floors with stilt parking and roads at least 10 meters wide. DTCP also introduced criteria for issuing occupation certificates for buildings with additional floors constructed without prior approvals and proposed a portal for transparent, fast-track approval of building plans.

Separately, developers filed a petition seeking to join the case, and the court has issued a notice to the GCC requesting their response.

The court is set to hear the case again on October 23. While the policy's future remains uncertain, real estate developers believe the court's clarification suggests that DTCP may release revised guidelines soon.

Narendra Yadav, president of the Gurugram Home Developers Association said that there is no court order preventing construction of stilt-plus-four floors in residential areas.