Chandigarh has remained liveable because it does not allow Purchasable FAR, the Punjab and Haryana High Court said in oral remarks, as it mooted a stay on the policy in Haryana and construction only within the original norms.
Chandigarh: Hearing a batch of petitions on Haryana’s stilt-plus-four-floors policy for residential plots on Wednesday, November 4, the Punjab and Haryana High Court said it has “very strong reservations” about the State’s purchasable FAR, the extra floor area (Floor Area Ratio) that a developer or owner can build on payment of a fee over and above the normal FAR [Petitioners v. State of Haryana and others (case title to be verified)].
The remarks came orally from a Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor. No order was passed on the purchasable FAR question. The Court adjourned the matter to examine the material and asked Advocate General Pawan Kumar Mutneja to look into the issues before the next hearing.
What the petitions are about
The batch concerns Haryana’s policy permitting stilt-plus-four floors on residential plots, whose implementation in Gurugram the Court had stayed on April 2. The Bench indicated it may also restrain the separate sale of units in buildings already built under that policy.
The Bench’s objection to the concept
The Bench said the concept defeats 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.”
“What is not permitted otherwise under the building bye-laws is being allowed in the form of one policy or other,” the Bench remarked, adding that “the moment you go above in the name of purchasable FAR, it is absolute corruption and nothing else.” It said it was mooting a stay on purchasable FAR and would allow construction only as per the original building norms.
Chandigarh set against Gurugram and Noida
Chandigarh, the Court said, has stayed liveable because it does not allow purchasable FAR, whereas cities such as Gurugram and Noida are being destroyed by it. It pointed to the lack of parking, noting that a residential unit now has three or four cars:
“So all your roads are blocked. All your urban townships are being converted into slums.”
Unplanned construction, the Bench said, was leading to road rage and parking fights. “We do not want these constructions to come up in the manner that it results in generation of distrust between the neighbours and continuous fight and complete collapse of the urban township itself,” it observed, calling for conscious application of mind by authorities to ensure facilities such as parking.
What the State must now address
The Court said the State should come with a proper policy for urban problems, and that Gurugram, given its proximity to the national capital, should be developed as “a model or some sort of an innovative township, which is taking care of the needs of the residents.” The State’s response on the issues flagged is awaited, and the Court has not ruled on them. The matter will be heard immediately after the Diwali vacation.
Why the hearing matters
Purchasable FAR lets construction go beyond the normal building norms on payment of a fee, so a stay would affect projects across Haryana’s cities. The Bench’s remarks signal that the Court sees the policy as a route around the building bye-laws, and the State will have to defend it on planning grounds, including parking and civic facilities, when the batch returns after the vacation.
Case Title: Batch of petitions on Haryana stilt-plus-four floors policy (title to be verified)
Bench: Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, Punjab and Haryana High Court
Date of Hearing: November 4, 2026
Appearances: Pawan Kumar Mutneja, Advocate General, Haryana
Next Hearing: Immediately after the Diwali vacation