Balancing Urban Growth and Infrastructure: A Legal Perspective on Haryana’s S+4 Floor Construction Policy
Introduction
In a report by Savills India, the property prices of premium projects in New Gurugram were reported to be up by 53% over last year. This steep rise in prices meant that prospective buyers were to face a number of hurdles to be able to purchase a home. To address such an issue, the Haryana government introduced the S+4 policy allowing the construction of buildings with a stilt (ground floor used for parking) and four floors above it in residential sectors. However, the policy was subject to several lawsuits, with the State Government scrapping and sometimes, resurrecting this policy.
Recently, this policy was resurrected once again. The Haryana government, acknowledging the growing demand for vertical housing, approved the construction of S+4 floors in specific residential areas. This move was part of a broader policy aimed at optimizing land use while catering to the state’s urban housing needs. However, this approval came with stringent conditions to mitigate potential adverse effects on infrastructure and the environment. The state govt had halted approval for such buildings on Feb 23, 2023 after residents of licensed colonies demanded a ban on construction of the fourth floor, citing burden on the existing infrastructure and civic amenities. This Article investigates into the legislations governing the subject of Land in Haryana and details about the Policy with its implications.
Legislative Framework Governing Floor Constructions in Haryana
Historically, Haryana’s urban development was governed by the Haryana Development and Regulation of Urban Areas Act, 1975. This Act primarily focused on regulating the use of land and ensuring planned urban development. However, with the rising demand for housing and the subsequent shift towards high-density residential projects, the state introduced more specific regulations.
The significant shift came with the Haryana Building Code, 2017, which initially laid down the parameters for building construction, including floor area ratios (FAR), setbacks, and permissible building heights. The Building Code was further refined to address the concerns arising from S+4 constructions. The new policy permits S+4 constructions only in areas where the infrastructure can support such density. Specifically, it allows these constructions in sectors where roads are at least 12 meters wide and where the layout plans have been approved for four dwelling units per plot. The policy mandates an infrastructure capacity audit to ensure that existing services, such as drainage and water supply, can handle the increased load.
Additionally, the height of S+4 buildings has been capped at 15 meters, reduced from the previously allowed 16.5 meters. This change addresses concerns regarding privacy, sunlight obstruction, and the structural integrity of adjacent buildings. Furthermore, these constructions must be independent structures that do not share walls with neighboring properties, thereby reducing the risk of damage to adjoining buildings.
The Haryana government has also empowered local administrative bodies, such as the office of the Deputy Commissioner, to oversee the approval process for S+4 constructions. This includes verifying compliance with the infrastructure capacity audits and ensuring that the construction adheres to the specified legal frameworks.
Moreover, to address the misuse of stilt parking areas, which are often enclosed or repurposed illegally, the government has proposed the formation of quick response teams. These teams are tasked with monitoring the use of these spaces and ensuring that they remain accessible for parking.
Problems with the Policy and legitimate concerns
Whether the Policy would impact the public positively or to its detriment is a debatable topic, an undeniable aspect of this policy, or any policy related to Land in India, is that the Infrastructure of the Country has been in tatters in several parts of the Country. In Haryana, the Residents’ Welfare Associations (RWAs) are concerned about the strain on infrastructure like water supply and sewage systems.
They also worry about increased traffic congestion and parking issues. Some experts believe the policy might benefit developers more than homebuyers, as it might encourage construction of high-end apartments rather than truly affordable housing. Denser construction could put stress on the infrastructure already in place, which could lead to parking issues, traffic jams, and pressure on the utilities, who have called for the infra upgrading plan to be implemented quickly and effectively. In Haryana, the survey conducted by ground water cell in June 2020, about 982740 acres area is affected with the problem of water-logging and salinity in the State. Out of which, 1,74,470 acres area is affected severely. This highlights the problems of Groundwater shortage in Haryana, which is potable.
Poor quality infrastructure puts the country in a bad light and risks people’s lives. It is not that the government is not spending enough money on these projects; it is just that money is not buying them good quality. The government’s latest data shows that as of April 30, 2023, over 1,600 major infra projects (each costing `150 crore or more) in the country have a cost-overrun of 20% and time-overrun of 50%. Quality is not necessarily assured despite spending extra money on those delayed projects. It is probably time to have stricter parameters to ensure the longevity of infra projects in the country.
Conclusion
The legislative framework surrounding S+4 floor constructions in Haryana represents a significant evolution in the state’s approach to urban development. By permitting these constructions under specific conditions, the Haryana government has sought to address the burgeoning demand for housing while ensuring that urban growth remains sustainable and well-regulated.
Legally, the framework is designed to strike a balance between development and the protection of public infrastructure. The conditional nature of these approvals is particularly significant from a legal standpoint. By mandating infrastructure capacity audits and imposing strict compliance with building norms, the government is reinforcing the principle that development should not outpace the available infrastructure. This approach not only safeguards the legal rights of existing residents but also mitigates potential disputes that could arise from overburdened civic amenities.
Moreover, the involvement of local administrative bodies in the approval process adds another layer of legal oversight, ensuring that each project is evaluated on its merits and in accordance with local conditions. This decentralized approach helps in addressing the unique challenges of different urban areas within the state, further reinforcing the legality and appropriateness of S+4 constructions in those areas.
In conclusion, the legal framework governing S+4 floor constructions in Haryana is a testament to the state’s commitment to responsible urban development. By embedding these regulations within a robust legal structure, the government not only facilitates growth but also ensures that such growth is sustainable and legally sound. As Haryana continues to urbanize, the effectiveness of these laws in maintaining a balance between development and infrastructure will be crucial in shaping the future of its cities. The legal safeguards in place offer a model of how rapid urbanization can be managed without compromising on the rule of law or the quality of urban life.
The Co-Author of the article is Aditya Garg, B.A L.L. B. (4th Year) at USLLS, GGSIPU.
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