Gurugram Residents’ Plea Over Alleged Hotel Use Of Neighbouring Homes Disposed After Owners’ Affidavits, With Liberty To Revive: P&H HC

The petitioners sought directions to prevent alleged illegal commercial use and unauthorised construction on residential plots in Sector 15 Part-II, Gurugram, including enforcement of the approved layout plan and action against the concerned plot owners

During the proceedings, the Court directed certain private respondents to file affidavits concerning their use of the properties and compliance with approved plans.

It also required respondent No. 11 to address alleged non-compoundable excess construction identified in a show-cause notice

By the final hearing, all respondents had filed affidavits, including a fresh affidavit from respondent No. 11.

The petitioners sought disposal with liberty to revive the proceedings if a cause survived

The petition invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution of India

The petitioners also relied on the Haryana Building Code, 2017, including Clause 4.12, and alleged violations of the HSVP Act, 1977, applicable rules, allotment conditions and the approved layout and building plans; these were pleaded grounds, not provisions interpreted or conclusively applied by the Court

The Court accepted the respondents’ affidavits and stated that the respondents would be bound by the statements made in them

It also preserved respondent No. 11’s right to contest the show-cause notice and pursue any available appeal against an adverse order in accordance with law

The Court did not adjudicate whether the alleged commercial use or construction breaches had occurred, or whether the statutory provisions cited by the petitioners had been violated.

Instead, it recorded that all respondents had filed affidavits and would be bound by their statements

It further clarified that respondent No. 11 could contest the show-cause proceedings and challenge any adverse order through the remedies available under law

In view of the affidavits and the petitioners’ request, the Court disposed of the petition while granting liberty to revive it if a cause survived

The respondents remain bound by their affidavits, and respondent No. 11 retains the right to contest the show-cause proceedings and pursue remedies against any adverse order in accordance with law.

Pending applications were also disposed of