NCR real estate: Occupancy certificate of 58 properties in Gurugram cancelled over illegal 4th floors


Haryana’s department of town and country planning (DTCP) on Thursday said it has cancelled the occupancy certificates (OC) of 58 properties in Gurugram whose owners built a fourth floor in violation of rules and without getting approval of the building plan before February 23, 2023, when the ban on fourth floors was imposed, people familiar with the matter said.

Rajesh Kaushik, district town planner, Gurugram, said that after going through the files submitted by architects, they have identified 58 properties on which the fourth floor was built in violation of rules. (Parveen Kumar/HT Photo)

DTCP has issued restoration notice to the owners of these properties and asked them to take corrective action otherwise their illegally built fourth floors would be demolished, said the Gurugram district town planner on Thursday. Notices have also been issued to 18 architects who facilitated the construction of these fourth floors.

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Also Read: Illegal fourth floors built on residential plots may face demolition: DTCP

DTCP on February 23, 2023, had put on hold permissions under the stilt plus fourth floor (S plus 4) policy on residential plots and formed an expert committee to study the problems and issues arising due to the construction of four floors following the directions of the Punjab and Haryana high court.

The report by the committee was submitted on June 29 last year but it is still under the consideration of the state government, and the ban on the fourth floor continues.

Also Read: Stilt plus 4 floors: Town and country planning dept asks house owners to restore unauthorised constructions

Rajesh Kaushik, district town planner, Gurugram, said that after going through the files submitted by architects, they have identified 58 properties on which the fourth floor was built in violation of rules.

“The department has issued restoration notice to the owners of these plots and the OC of these properties has been cancelled. We have also written to the revenue department to block the registration deeds of these properties,” he said.

Also Read: Gurugram developers demand lifting of ban on fourth-floor policy

Notices have also been issued to 18 architects who facilitated the construction of these illegal floors. “The department has recommended that action be taken against these architects by the Council of Architects,” he added.

The cancellation of OCs comes after the DTCP headquarters in Chandigarh had issued directions on May 3 that fourth floors constructed without permission or completing formalities before February 23, 2023, would not be allowed and these structures would be demolished.

An OC certifies that the building has complied with all the basic building terms and conditions, is fit to be occupied, and construction has been carried out in all phases. It is a legal document to occupy a building and obtain water, sewage and electricity connections.

A DTCP official said that cancellation of OC will lead to disconnection of these services, and also prevent the owners from occupying it. “It also means that these properties can’t be sold and purchased by the owners. The next step if restoration doesn’t take place will be demolition of the fourth floor,” he said.

A letter written by Hitesh Sharma, senior town planner, headquarters, DTCP, Haryana, on May 3, said, “The issue concerning the above cases where building plans for S+4 were approved but on account of certain deficiencies there has been an issue in grant of OC has been under deliberation at the level of state government and a final decision in this regard has been kept pending till a final decision on the recommendation of the expert committee on S+4 constructions.”

According to DTCP officials, the headquarters also issued clarification that in cases of residential plots where the composite fees for lapse of building plan have not been deposited before February 23, 2023 (cutoff date) and files are being submitted now; where the external development charges for fourth floor was deposited after the cutoff date and file is being submitted now or in cases where the building plan was approved and fees for purchasable floor area ratio for fourth floor was deposited after the cutoff date and file is being submitted now, then the OC of such properties will be kept in abeyance till directions from the state government are received in this matter.

The ban on the construction of the fourth floor was imposed after several resident welfare associations raised questions on the policy, saying that heavy pressure was put on the infrastructure of the neighbourhoods due to the construction of additional residential units.



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