Unauthorized construction or commercial use of residential property contrary to norms : No adjudication without affording opportunity

Supreme Court Overturns High Court Ruling on Unauthorized Constructions in Gurugram. Apex Court Emphasizes Right to Hearing for Affected Parties; Orders Restoration of Civil Suits

In a significant ruling, the Supreme Court of India has set aside a controversial order passed by the Haryana High Court concerning unauthorized constructions in Gurugram. The High Court had previously directed the removal of constructions and closure of civil suits without affording the affected parties an opportunity to be heard. This judgment, delivered by Justices J.K. Maheshwari and Vijay Bishnoi, underscores the constitutional right to a fair hearing, asserting that it is a sine qua non for the administration of justice.

The Supreme Court's decision arose from a series of civil appeals challenging the High Court's mandate, which adversely impacted numerous civil suits filed by residents. The appellants contended that the High Court's directions were issued without including them as parties or providing them a chance to present their case, thus infringing upon their legal rights.

The heart of the dispute involved allegations of unauthorized commercial use and construction beyond permissible limits in residential areas of Gurugram, as highlighted by the Haryana Development and Regulation of Urban Areas Act, 1975. The High Court had earlier mandated actions against violators based on reports submitted by the State Government, outlining various non-compoundable violations.

Responding to these developments, the Supreme Court has directed the restoration of the writ petitions involved, allowing affected individuals to join the proceedings within two weeks. The State authorities are also urged to provide wide publicity to the Supreme Court's order, enabling more affected persons to participate in the litigation. The apex court insists that the determination of unauthorized constructions must be conducted by authorities, ensuring due process and a fair hearing for all parties involved.

This ruling reaffirms the principle that unauthorized or illegal constructions cannot be summarily dealt with without proper adjudication, emphasizing the necessity of judicial fairness. The Supreme Court has instructed that the restored PILs be addressed expeditiously, within six months, with all concerned parties being given the opportunity to present their cases.

The judgment serves as a reminder of the importance of procedural fairness in judicial processes, particularly when significant property rights are at stake. Legal experts and residents alike have welcomed this decision, viewing it as a step towards ensuring justice and proper legal recourse for those affected by urban regulatory measures.

Bottom Line:

Unauthorized construction or commercial use of residential property contrary to norms, rules, and regulations cannot be protected without proper adjudication by authorities affording due opportunity to affected parties.

Statutory provision(s): Haryana Development and Regulation of Urban Areas Act, 1975 Section 15

Gaurav Kohli v. State of Haryana, (SC) : Law Finder Doc Id # 2804517