News: Gurugram court refuses to stay closure of guest house operating in city’s residental area-04-09-2019
Updated On: Sep 04, 2019
After hearing the arguments submitted by the petitioner and the department, which pointed out that operating a guest house in a private residential colony was not allowed and was against the new rules, civil judge Antarpreet Singh declined to grant stay against the DTCP notice, DTCP counsel Arvind Sharma said.
A Gurugram court, on Tuesday, declined to give relief to a guest house owner, who was given a show-cause notice by the department of town and country planning (DTCP) for operating three such establishments from his properties in violation of the terms and conditions of the residential licence granted and the new guest house policy, notified in July.
As per DTCP officials, the petitioner had approached the Gurugram civil court seeking relief against the closure notice issued by district town planner (enforcement) and sought a stay against the proceedings.
After hearing the arguments submitted by the petitioner and the department, which pointed out that operating a guest house in a private residential colony was not allowed and was against the new rules, civil judge Antarpreet Singh declined to grant stay against the DTCP notice, DTCP counsel Arvind Sharma said.
“Our submission was that the department was within its right and jurisdiction to take legal action against violations of the provisions of Haryana Development and Regulation of Urban Areas Act, 1975. The rules are clear. The building plan was sanctioned and occupation certificate (OC) granted to the petitioner for residential purpose only and no commercial activity is allowed. We are satisfied that our plea was upheld,” Sharma said.
Further, rebutting the stand taken by the petitioner that the said colony had been transferred to the MCG and that the DTCP had no right of enforcement, the department submitted in the court that only civic infrastructure, including road, water supply, sewage, parks, and similar facilities had been transferred to the urban local body. “The right of estate management, such as issuance of the OC, sanctioning building plans and enforcing the licence conditions and rules was the sole prerogative of the DTCP,” Sharma said.
The DTCP has issued over 100 notices to owners of illegal guest houses operating in residential areas in violation of the government rules and the new guest house policy notified in July, 2019, both.
Gurugram senior town planner Sudhir Chauhan said the court’s decision was a positive step and would help greatly in cracking down against those operating illegal guest houses and commercial spaces in residential areas. “The message is clear—if rules are violated strict action would be taken against violators,” Chauhan said.
