The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana sat on a petition filed by Citizens Action Forum on 12 June 2024 and warned that Gurugram’s infrastructure collapses when it rains because the city has never upgraded its drainage or sewage systems. In stark contrast, the court cited Greater Noida, which was engineered with a 30‑ to 40‑year horizon, noting that its streets, sewers and public utilities were designed to meet future demand.
While reviewing the Premium Floor Area Ratio (FAR) scheme that allows property owners in Bengaluru to buy extra construction rights, the court dismissed arguments that the scheme violated Article 300A of the Constitution. Senior advocate Aditya Sondhi contended that the scheme effectively regularises existing illegal constructions, but Solicitor General Tushar Mehta clarified that the scheme carries a 0.6 FAR cap and that developers must still meet parking and setback requirements.
Justice Kant said, "There is no visible improvement in Gurugram’s basic infrastructure; roads, sewers, and flyovers remain inadequate," and warned that vertical growth without proper foundations would only exacerbate the city’s traffic nightmare. He added that Greater Noida’s planning, which incorporates long‑term growth projections, is a model that other cities should emulate.
The bench has instructed the Karnataka authorities to file their response within four weeks, a deadline that will decide whether the Premium FAR scheme will continue to fund civic infrastructure or face judicial scrutiny. The ruling also reinforces the state government’s position that the scheme is constitutionally sound and does not erode property rights.