The Supreme Court on Monday refused to entertain a
petition against the ongoing demolition drive in Gurugram, and asked the
petitioners to approach the Punjab and Haryana High Court.
A bench of Chief Justice Surya Kant and Justice
Joymalya Bagchi disposed of the plea, granting liberty to the petitioners to
make an urgent mentioning before the high court during the course of the day.
The bench requested the high court's chief justice
to entertain the mentioning either at 1 PM or immediately after lunch at 1.45
pm.
Senior advocate Gopal Sankaranarayanan, appearing
for the petitioners, argued before the bench that the local authorities have
been carrying out the demolition drive without issuing show-cause notices to
the residents by misconstruing an interim order of the high court.
The bench observed that
if the high court's interim order was allegedly being misconstrued by the
authorities, then the petitioners should approach the high court.
"If the high court, in its constitutional duty,
is taking a drive to stop or prevent or dismantle the unauthorised
constructions, then as an apex body, why should we cause hindrance?" the
CJI observed.
Arguing that the high court had not said anything
about the demolition, Sankaranarayanan urged the bench to grant status quo for
three to four days and said that the petitioners would approach the high court.
"These are completely legal
constructions," he said, adding that petitioners were individual residents
and the authorities were undertaking the demolition drive without giving any
show-cause notices to them.
On April 2, the Punjab and Haryana High Court, in an
interim order, stayed the operation of the Haryana government's
'stilt-plus-four floors' building policy, which permits the construction of
four residential floors above stilt parking.
Flagging serious concerns, the court observed that
the state appears to have put public safety at risk merely to earn more
revenue.
The interim order came on a petition challenging the
July 2, 2024 order issued by the additional chief secretary of the town and
country planning department. The order had permitted construction of
'stilt-plus-four floors' on residential plots, raising the earlier cap of
'stilt-plus-three floors'. It had also introduced a composition mechanism even
in cases where building plans had not been approved.
On April 2, the Punjab and Haryana High Court, in an
interim order, stayed the operation of the Haryana government's
'stilt-plus-four floors' building policy, which permits the construction of
four residential floors above stilt parking.
Flagging serious concerns, the court observed that
the state appears to have put public safety at risk merely to earn more
revenue.
The interim order came on a petition challenging the
July 2, 2024 order issued by the additional chief secretary of the town and
country planning department. The order had permitted construction of
'stilt-plus-four floors' on residential plots, raising the earlier cap of
'stilt-plus-three floors'. It had also introduced a composition mechanism even
in cases where building plans had not been approved.
Following the high court's stay, the Haryana
officials launched an anti-encroachment campaign against unauthorised
constructions and encroachments across urban areas, beginning with Gurugram.