The Supreme Court of India on Monday declined to hear a petition challenging the ongoing demolition drive in Gurugram, directing the petitioners instead to approach the Punjab and Haryana High Court for relief.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of the plea, granting the petitioners liberty to make an urgent mention before the high court later in the day. The bench also requested the high court’s chief justice to take up the matter either at 1 pm or shortly after lunch at 1:45 pm.
Senior advocate Gopal Sankaranarayanan, appearing on behalf of the petitioners, argued that local authorities were proceeding with demolitions without issuing show-cause notices, allegedly misinterpreting an interim order of the high court. In response, the bench observed that if the interim order was indeed being misconstrued, the appropriate forum for redressal would be the high court itself.
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The Chief Justice remarked that if the high court, in exercise of its constitutional responsibilities, had initiated action to curb or remove unauthorised constructions, the apex court should not interfere unnecessarily. Countering this, the petitioners’ counsel maintained that the high court had not explicitly directed any demolition and requested a temporary status quo for three to four days to allow them time to move the high court. He further contended that the structures in question were legally constructed and that residents were not given any prior notice before the demolition drive commenced.
Earlier, on April 2, the Punjab and Haryana High Court had issued an interim stay on the Haryana government’s ‘stilt-plus-four floors’ policy. The policy, introduced through a July 2, 2024 order by the state’s town and country planning department, allowed the construction of four residential floors above stilt parking—an increase from the earlier limit of three floors—and included a composition mechanism even for unapproved building plans.
While granting the stay, the high court raised serious concerns, observing that the state appeared to have compromised public safety in pursuit of higher revenue. Following this order, Haryana authorities initiated an anti-encroachment and demolition drive targeting unauthorised constructions across urban areas, with Gurugram being among the first locations where the campaign was carried out.
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