Did SC Overturn Punjab and Haryana HC Ruling on Gurugram's Ambience Island Project?
Synopsis
Key Takeaways
- Supreme Court overturned Punjab and Haryana High Court ruling.
- Decision reinstates approvals for Ambience Island project.
- Connected NGT proceedings paused until further review.
- Allegations of misuse of land were central to the case.
- Legal representation included prominent advocates.
New Delhi, Jan 20 (NationPress) In a major relief for residents, tenants, and various stakeholders of the Ambience Island project located in Gurugram, the Supreme Court on Tuesday annulled a ruling from the Punjab and Haryana High Court that had invalidated approvals associated with the project and mandated a CBI investigation.
In a decision favoring the appeals lodged by the Ambience Group and connected parties, a bench consisting of Justices J.B. Pardiwala and Sandeep Mehta determined that the Punjab and Haryana High Court had overstepped by interfering in the delicensing and relicensing processes concerning the land parcels that are part of the integrated township.
The apex court, while dismissing the contentious judgment from July 10, 2020, also instructed that the ongoing proceedings at the National Green Tribunal (NGT) should be paused until the Punjab and Haryana High Court reviews an additional writ petition filed by several homebuyers, without being influenced by any remarks made by the Supreme Court.
The conflict originated from complaints by certain homebuyers alleging that land designated for residential development in Ambience Island was repurposed for the erection of commercial towers.
In 2020, the Punjab and Haryana High Court accepted these claims, subsequently invalidating the approvals provided by Haryana's Department of Town and Country Planning (DTCP) for Ambience Commercial Tower II, and ordered a CBI investigation into the matter.
The bench, led by Justice Pardiwala, remarked that the term "delicensing" was not outside the statutory framework, emphasizing that the sweeping conclusions of illegality and collusion by the Punjab and Haryana High Court were not sustainable based on the evidence available.
The apex court indicated that labeling the entire process as fraudulent and calling for a criminal investigation, without adhering to established parameters for such actions, was unjustified.
The Supreme Court clarified that the challenges posed by certain homebuyers in a new writ petition against the findings of the DTCP would be evaluated independently by the Punjab and Haryana High Court on its own merits.
Before the Supreme Court, the Ambience Group was represented by prominent advocates Mukul Rohatgi, Abhishek Manu Singhvi, Pinaki Misra, and Sanjeev Ralli, along with legal representatives from the esteemed litigation firm Karanjawala & Co.