The Supreme Court on Monday directed the Punjab and Haryana High Court to expedite the hearing of a petition accusing real estate major DLF Ltd of violating floor area ratio (FAR) norms to launch its premium high-rise residential project “The Crest” on land that belonged to the Park Place project — a group housing society — in Gurgaon.
A bench headed by Justice TS Thakur said the Supreme Court’s June 2013 order that stayed the proceedings in the high court shall not remain in effect. It also disposed of an application filed by the residents of DLF Park Place Association asking the Supreme Court to vacate its stay order. The bench, however, did not restrain the company from construction, sale or marketing of ‘The Crest’ project. This means that the builder is still free to sell its properties.
“We see no reason to restrain the HC from hearing the main petition. We express no opinion on the merits of the case and the HC should make an endeavour to expedite the hearing,” the bench said. It observed that the stay of the proceedings before the high court was completely unjustified.
“You (DLF) have a stay in your favour and the HC proceedings are also not on. Both the things can’t go on,” the bench told the real estate’s counsel, when the latter opposed the plea to vacate the stay.
According to the association, DLF had encroached on its condominium property to launch The Crest project. The towers were being constructed in the area falling within the FAR of Park Place.
DLF said the project had been launched on a separate non-contiguous land measuring 8.82 acres. The HC order had affected about 250 people who had applied for allotment after depositing a substantial amount of money. The restrictions killed the new project at the stage of inception itself, causing a huge loss to the members.
The real estate firm had contended that all rights of the allottees of DLF Park Place on 19.33 acres were defined in the Apartment Buyers Agreement, executed with each allottee as well as in the statutory declaration filed under the Haryana Apartment Ownership Act 1983. “None of the allottees of DLF Park Place has any right of any nature whatsoever on any land outside the said 19.33 acres,” it said.