GURGAON: More than 30 buildings in Sushant Lok-3 have come under the scanner for possible enforcement action after a survey by the district town planner (enforcement) found unauthorised PGs, guest houses and other commercial activities being carried out from residential premises.The properties, mostly located on larger residential plots, are allegedly being used beyond their sanctioned residential purpose. In some cases, unauthorised construction has also been carried out in stilt parking areas. Managed PG operators, including Stanza Living, are among those being scrutinised.Officials said show-cause notices and restoration orders have already been issued in several cases, with the process completed for some properties. Further action will depend on the nature of individual violations and compliance with planning regulations.The survey found a concentration of such properties in F and G blocks, particularly around Hong Kong Bazaar. An official said Stanza Living is operating a PG in one G Block building, while its basement has been rented to food delivery platform Swiggy. Residents alleged that the large number of delivery vehicles around the basement has worsened parking and traffic-related problems.Residents also said the concentration of PGs and guest houses was putting additional pressure on local infrastructure, including parking, drainage, sewerage, electricity and water supply. They alleged that properties sanctioned for residential use were being subjected to more intensive commercial and accommodation-related activity.The enforcement department is also examining a farmers’ market, commercial offices and other business activities being carried out from residential properties.
Why the properties are under scrutiny
The issue is not simply whether a residential property has been rented out. The nature of the activity, its sanctioned use and the applicable planning regulations can determine whether the use amounts to a violation.In accommodation-related cases, a residential property does not automatically have an unrestricted right to operate as a commercial accommodation establishment. The applicable position can depend on sanctioned land and building use, municipal regulations, property documents and other requirements.Legal experts also distinguish between ordinary residential letting and a commercial accommodation operation. A property being used repeatedly for short stays, with frequent guest turnover or hotel-like services, may be treated differently depending on the applicable rules.Similarly, a homestay operating under a state tourism framework can have different requirements from an Airbnb-style commercial accommodation business. Such requirements may include registration, the number of rooms or beds, the type of accommodation and, in some states, whether the owner lives at the property.For Sushant Lok-3, officials are examining the individual properties and the specific nature of the alleged violations before deciding on further enforcement.District town planner (enforcement) Amit Madholia said the Sushant Lok-3 survey had been completed and the department was focusing on buildings where commercial activities were being carried out from residential premises. He said the enforcement process had gained momentum following recent Supreme Court directions concerning unauthorised commercial activities.The action is part of a wider enforcement drive against the commercial use of residential properties in Gurgaon. The department has maintained that its enforcement powers in licensed colonies continue even after such colonies come under municipal limits.The Punjab and Haryana high court has previously examined the jurisdiction of the town and country planning department (DTCP) in licensed colonies. The court settled a key issue that had complicated enforcement action for years, holding that inclusion of licensed colonies within municipal limits does not take away DTCP’s authority to act against building violations.With the jurisdictional issue clarified, the department is expected to proceed against the identified properties after examining individual violations and the status of notices and restoration orders.
