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Haryana

HC: CBI to investigate ‘illegal’ land conversion for Ggn mall

July 11, 2020 07:31 AM

COURTESY TOI JULY 11

HC: CBI to investigate ‘illegal’ land conversion for Ggn mall
Court Quashes De-licensing Orders Used To Build Ambience
Ajay.Sura@timesgroup.com

Chandigarh:

The Punjab and Haryana high court on Friday ordered a CBI probe into the “illegal” conversion of a portion of almost 19 acres meant for Ambience Lagoon Island Residential Complex into a commercial complex in violation of the law. The builder had raised the Ambience mall and other commercial buildings on the land, originally meant for only developing a residential area.


The agency has to register an FIR and investigation must be completed, by “officers to be chosen by CBI director, within a period of six months,” the HC ordered.

The HC also quashed the order through which a portion of residential complex was delicenced for commercial purpose. With this, Ambience Mall as well as other commercial buildings constructed by the builder on the land, meant for residential complex, has been virtually declared illegal.


Can’t countenance blatant violation of provisions: HC

It cannot be disputed that the original idea was to set up a group housing complex on the entire 18.98 acres. The court cannot countenance blatant violation of statutory provisions and erection of buildings, particularly commercial in nature, conceived by a builder for unjust enrichment, at the cost of the general public. It cannot turn a blind eye to such illegal actions and possible collusion between private builder and state authorities. The interpolations and/or tampering with the application form and record is, however, a matter of investigation. We thus have no option but to hold that the order de-licencing part of residential area for commercial purpose is without authority of law and needs to be quashed,” ruled a division bench, comprising Justice Rajan Gupta and Justice Karamjit Singh, while hearing a petition filed by Dr Amitabha Sen and others against the developer of the complex.

Referring the matter to CBI, the HC observed that a separate investigation is necessary by an independent agency to probe illegal actions and offence, if any made out and possible collusion between the builder and state authorities.

The main contention of the petitioners was that Ambience Lagoon Island Residential Complex as originally conceived had an area of 18.98 acres, however, later in collusion with the authorities this was reduced to 10.98 acres by delicensing 8 acres thereof. Another 3.9 acres was taken out, reducing the residential area to merely 7.93 acres. According to them, the deed of declaration filed by the builder on March 25, 2009 was for 11.83 acres which was not as per the licence No.19 originally granted in 1993.

The petitioners also submitted that even after furnishing this deed of declaration, aforesaid area of 3.9 acres was allowed to be used for raising another commercial complex in 2010. As per the counsel, the object of setting up the entire housing project known as Ambience Lagoon Island Residential Complex thus stood defeated. The promises made in the brochure as well as builderbuyer agreement were violated

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