The Punjab and Haryana High Court on Wednesday, November 4, warned that it will stop the implementation of purchasable Floor Area Ratio (FAR) for constructions in Haryana, observing that it was leading to the destruction of the urban landscape in cities like Gurugram and Noida, Bar and Bench reported. Purchasable FAR is the extra floor area that a developer or property owner in Haryana can build by paying an additional fee to the government, over and above the normal FAR permitted under building regulations.

Source: Bar and Bench

A bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said purchasable FAR destroys the purpose of having a building code. "We have very strong reservations with this purchasable concept. This entire purchasable concept is nothing but a way of distorting and destroying entire building code," the bench stated, adding, "The moment you go above in the name of purchasable FAR, it is absolute corruption and nothing else."

The Court said Chandigarh has remained a liveable city only because it does not have the concept of purchasable FAR, while cities like Gurugram and Noida are being destroyed because of it. It flagged the lack of parking — a residential unit now has three to four cars, the bench noted — and said unplanned construction is leading to blocked roads, road rage and parking fights, converting urban townships into slums.

The observations were made while hearing a batch of petitions related to Haryana's stilt-plus-four-floor policy for residential plots, whose implementation in Gurugram the Court had stayed on April 2. The bench said it is mooting a stay on purchasable FAR and will allow construction only as per the original building norms, and that it may also restrain the separate sale of units in buildings already constructed under the stilt-plus-four policy.

Source: LawChakra

No order was passed on the purchasable FAR question on Wednesday. The bench adjourned the matter to analyse the relevant material, asked Advocate General Pawan Kumar Mutneja to look into the issues before the next hearing, and said the State should come up with a proper policy for its urban problems — suggesting Gurugram, given its proximity to the national capital, be developed as a model, innovative township. The case is listed for hearing immediately after the Diwali vacation.