Gurgaon: Punjab and Haryana high court on Thursday stayed Haryana govt’s July 2, 2024, notification that permitted stilt-plus-four (S+4) residential buildings in the city, citing concerns over inadequate urban infrastructure and possible risks to public safety.The interim order was passed during ongoing hearings in a batch of public interest litigations (PILs) challenging the policy. A bench comprising chief justice Sheel Nagu and justice Sanjiv Berry restrained the govt from proceeding with the S+4 policy “for the time being” till the next hearing on April 8, while making it clear that it was not expressing any final view on the legality of the notification.The court observed that arguments continued for several months without reaching a conclusion and decided to consider interim relief in view of delay and urgency cited by petitioners.A major concern for the court was apparent mismatch between the city’s existing infrastructure and the additional burden likely to result from extra floors. Referring to an on-ground inspection conducted by a court-appointed commission in DLF-1 and Sector 28, the bench observed that internal roads originally planned to be 10-12 metres wide had, in practice, been reduced to motorable widths of only 3.9 to 4.8 metres.According to the report, this reduction was caused by encroachments, weak sewage and sanitation systems, overpopulation, indiscriminate paving and unregulated construction activities. These factors, the court said, narrowed usable road space and placed further strain on civic infrastructure.The bench also referred to recommendations made by an expert committee constituted by the state govt. The committee advised that S+4 construction in existing sectors should be allowed only after a comprehensive “infrastructure capacity audit”. Such an audit was intended to assess adequacy of water supply, sewerage, drainage, power, parking and fire safety, and to identify upgrades needed before permitting greater density.The court, however, noted that the govt appeared to have implemented the policy without carrying out such an audit. The bench said permitting high-density construction without corresponding infrastructure upgrades could worsen traffic congestion, flooding and pressure on sewage and drainage systems, all of which are already visible in the city.It also made a prima facie observation that the govt, “merely to earn more revenue”, ignored critical infrastructure requirements and compromised its constitutional obligation to ensure a clean and safe urban environment.The July 2024 notification allowed construction of an additional fourth floor on residential plots. It also introduced a composition policy under which such construction could be regularised, even where building plans had not been previously approved, subject to payment of charges.The high court earlier declined similar interim relief. However, while disposing of a special leave petition in July 2025, SC allowed the petitioners to seek interim relief before HC on merits.
