SC: Seal Commercial Use in Pure Residential Zones

GURUGRAM: Premises being used commercially in areas marked exclusively for residential use should, in the first instance, be sealed, the Supreme Court has directed, laying down a clear starting point for enforcement agencies. The directions, issued on 22 September in the ongoing Loganathan versus State of Tamil Nadu proceedings, carry direct weight for the city, where the Department of Town and Country Planning has stepped up action against alleged unauthorised commercial use of residential properties.

A bench of Justices Ahsanuddin Amanullah and R Mahadevan cautioned authorities against discriminatory action. The exercise must be carried out without discrimination, the Court said, warning that any pick-and-choose approach would invite a strict view. The Court made sanctioned land use the starting point for enforcement and directed authorities to prioritise ensuring that no commercial activity takes place in areas earmarked only for residential use.

Where an area is shown as residential and permission is only for residential use, commercial activity cannot take place and, if found, the premises should initially be sealed, the Court held. For areas where the permitted use is not clearly specified as commercial or residential, the question of mixed use may need consideration. Until that is decided, the Court directed that the existing status quo on the ground should not be disturbed, though proceedings on paper can continue.

What the order means for Gurugram drives

Pendency of litigation will not by itself stop enforcement. Even where a dispute over title or another issue is pending between private parties, or between the government and the concerned party, authorities can seal premises if their actual use violates the purpose for which the land or building was allotted and the plan was sanctioned, the Court said.

Structures that have no approval whatsoever should be sealed or demolished, as required in law, with promptitude. The Court also flagged concern over properties being sealed and then unsealed within hours or days without any intervening development such as a show-cause reply or a decision by the competent authority.

In Gurugram, DTCP's recent drive has resulted in the sealing of 150 buildings in the past two months, including 98 paying guest houses, guesthouses and hotels and 52 residential premises found to be used for other commercial activities, according to enforcement figures reported with the order. The exercise is continuing across 32 licensed colonies, including DLF Phase 3, DLF Phase 4, Sushant Lok Phase 1 and South City Phase 1.

The matter has been listed for 23 November, with states, Union Territories and authorities directed to file updated status reports. For plot owners and tenants in licensed colonies, the practical takeaway is that sanctioned use, not the activity already running on the ground, will decide whether a premises faces sealing first. DTCP teams already surveying commercial misuse of residential plots now have a clearer Supreme Court frame for prioritising pure residential zones.