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Razing of NBCC condo halted due to litigation in Delhi HC
Gurugram authorities noted that the ongoing legal dispute between flat owners and NBCC in the Delhi high court requires court directions before any demolition can proceed
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The district administration and the Department of Town and Country Planning (DTCP) have denied permission to the National Buildings Construction Corporation (NBCC) to demolish the NBCC Green View condominium in Sector 37-D in Gurgaon, which has been declared unsafe for habitation. Gurugram authorities noted that the ongoing legal dispute between flat owners and NBCC in the Delhi High Court requires court directions before any demolition can proceed.
Additionally, concerns from EWS (Economically Weaker Section) owners regarding property registration remain unresolved, officials aware of the development added. Gurugram district town planner Manish Yadav, said, “Permission for demolition has not been given as the matter between flat owners and the developer is still in court.”
NBCC sought permission to demolish the NBCC Green View condominium on June 25 after a structural audit by Indian Institutes of Technology Bombay experts found the seven towers unsafe. On February 17, 2022, the Gurugram district administration, under the National Disaster Management Act 2005, declared the complex unsafe and mandated its evacuation by March 3. The deputy commissioner also directed that the complex should be vacated 15 days from the date of the order (February 17), which was slated to be on March 3.
A letter from the district town planner, endorsed by the deputy commissioner Nishant Kumar Yadav on July 17, highlighted that NBCC requested demolition permission because the complex was vacated and deemed unfit for habitation. However, it also mentioned that the allottees opposed the demolition request until their claims were settled, with many filing cases in various courts, including the Delhi High Court.
“In view of the aforesaid, the company may be directed to proceed strictly as per orders of the honourable court as and when received and also make necessary submissions for permission for demolition of the buildings/structures in Green View society, Sector 37-D, as the matter is sub-judice,” the letter said.
Yadvendra Yadav, a flat owner, highlighted the ongoing plight of the affected homeowners: “The ousted homebuyers are living an exile life and getting petty rental amounts against skyrocketing rental accommodation available in the city. The homebuyers who have opted for reconstruction are waiting for its speedy execution so that it can be rebuilt and handed over at the earliest. The final decision on this should be taken at the earliest.”
When approached, an NBCC spokesperson stated, “We need more time to comment on the matter.”
The NBCC Green View project was launched in 2010, with possession handed over in 2017. The condominium comprises 784 apartments in seven towers and 139 EWS flats.
