Tribune News Service
Chandigarh, July 10
Nearly 19 years after an order paved the best way for building of Ambience Mall in Gurugram on space initially earmarked as residential, the Punjab and Haryana High Court on Friday not solely quashed the identical, but in addition directed the Central Bureau of Investigation to probe the complete concern after registering a proper FIR.
It was requested to make efforts to finish the complete investigation inside six months and submit a standing report inside three months.
The Bench of Justice Rajan Gupta and Justice Karamjit Singh asserted the order delicensing part of the residential space for business objective was with out authority of legislation and wanted to be quashed. A separate investigation by an impartial company was additionally crucial into attainable collusion between the builder and the state authorities. The State was additionally directed to “take necessary consequential steps forthwith”.
The Bench asserted no justification in any respect was forthcoming for delicensing half housing undertaking space for business functions “and a huge mall, Ambience Mall, having been allowed to be raised thereon”. The Bench added the complete sequence of occasions pointed at prior assembly of minds between the builder and the officers who handled the matter.
Speaking for the Bench, Justice Gupta asserted: “We are constrained to draw a conclusion that the possibility of builder acting in collusion with the authorities and duping innocent buyers of apartments cannot be ruled out. It appears they were made to sign on the dotted line in the builder-buyer agreement, oblivious of the probable mischief by the builder in connivance with the State officials.”
The builder had initially recognized 18.93 acres in Nathupur village on Delhi-Gurugram border for establishing a gaggle housing undertaking. Among the guarantees made to the consumers was reservation of 80 per cent space for open and neighborhood companies.
But “suddenly” the builder moved an utility for delicensing of eight out of 18.98 acres with additional permission to erect a business complicated. Ignoring all statutory provisions and throwing warning to winds, the authorities acted extra promptly than anticipated and an order granting permission to determine a business complicated on eight acres was handed in October 16, 2001, whereas the order to delicense the identical space was handed on October 18, 2001. As such, virtually each statutory provision contained within the related Act and the Rules was violated “resulting in a cascading effect, compromising open spaces, roads, parks, community buildings and schools etc”.
Justice Gupta added the truth that there was undue enrichment of the builder maybe with the lively involvement of the State officers couldn’t be ignored by the Court. Such enrichment was not simply in violation of assorted enactments, but in addition a loss to public exchequer at the price of normal public.