HC bars state from issuing land-use licences in NCR
CHANDIGARH: The Punjab and Haryana high court on Thursday directed the Haryana government not to issue any change of land use (CLU) licence to developers to build colonies in Gurgaon and the National Capital Region till the NCR Planning Board approves a sub-regional plan.
The high court also restrained authorities from initiating any process for acquisition of land in these regions till further orders.
A division bench headed by Chief Justice Sanjay Kishan Kaul passed these orders while hearing petitions alleging unregulated construction and development around Gurgaon and NCR without the mandatory sub-regional plan from the NCRPB. The petitioners had also challenged the proposed Gurgaon master plan of 2025 and 2031.
TC Gupta, financial commissioner and principal secretary in the department of town and country planning, was present in court. Asked by the bench about approval for a sub-regional plan, Gupta said the government would get it from NCRPB within two months. The bench then directed him not to issue CLU licences to any developer and also not acquire land in Gurgaon and NCR till approval for a sub-regional plan is obtained. The court, however, clarified the order would not affect CLU licences already issued by the government.
The petitioner, Rishi Dagar and others, argued before the court that the Haryana government had permitted haphazard construction in and around Gurgaon and NCR and licences and CLUs have been issued without obtaining mandatory approval of its sub-regional plan from the NCRPB.
What HC said
“State government should not issue CLUs/licences to any developer and not acquire any land in Gurgaon and NCR till the approval of sub-regional plan is obtained from NCRPB.”
Chief Justice’s Bench Petitioners allege:
Haryana govt has created a concrete jungle around Delhi.
All CLUs and licences to colonizers issued by Haryana are illegal.
Haryana govt has permitted haphazard construction activities in Gurgaon and NCR without complying with statutory provisions.
Master plan 2015 and 2031 for Gurgaon not in consonance with NCRPB Act, 1985.
Approval and notification of sub-regional plan was mandatory before issuing CLUs in Gurgaon and NCR.
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