Supreme Court brings GMDA into pan-India proceedings on alleged illegal constructions

New Delhi [India], May 31 : In a significant development for Gurgaon, the Supreme Court has brought the Gurugram Metropolitan Development Authority (GMDA) into ongoing proceedings examining alleged unauthorised constructions, alleged illegal land-use changes and alleged violations of building norms across the country.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan, hearing a matter relating to alleged building norm violations, directed that notice be issued to the GMDA along with several other authorities in the National Capital Region, including NOIDA, Greater Noida, Ghaziabad and Faridabad.
The authorities have been asked to participate in the proceedings and apprise themselves of the exercise being undertaken nationwide to identify and take action, in accordance with law, on alleged violations.
The Court's observations assume particular significance for Gurgaon, where concerns regarding alleged unauthorised commercial activities in residential areas, alleged illegal floors, alleged deviations from sanctioned building plans and alleged violations of land-use norms have frequently been raised in both licensed colonies and older sectors.
Expressing concern over the material placed before it, the Supreme Court observed that the scale of violations emerging from surveys conducted by local bodies appeared "staggering".
The Bench took note of submissions that many structures across the country had allegedly been constructed far beyond approved plans, potentially posing safety risks.
The Court directed all concerned authorities to file fresh affidavits detailing the actual enforcement action taken following surveys.
These affidavits are to be sworn by the heads of the respective authorities and must disclose measures such as sealing, demolition or any other action taken under law.
The Bench also clarified that while Master Plans may permit multiple uses in certain areas, any change in the approved use of a building after obtaining sanction for a specific purpose would be impermissible unless authorised under law. It emphasised the need for authorities to ensure compliance with building regulations at the initial stage itself.
In addition, the Court directed appellate and quasi-judicial forums dealing with unauthorised constructions and land-use violations to dispose of pending cases, as far as possible, within three months.
The matter will next be heard on August 4. The proceedings are being assisted by senior advocate Ajit Kumar Sinha, who has been appointed Amicus Curiae and designated as the Nodal Officer for receiving and examining grievances submitted by citizens and bodies in relation to the issues involved in the case.