The Supreme Court has raised serious concerns over substantial deviations from the original plan of the DLF Primus residential project in Gurugram. The observations came after the Central Bureau of Investigation (CBI) submitted a status report regarding a 24-metre-wide road that was originally planned to pass through the project.
The Supreme Court observed that the road, as shown in the original brochure and project plan provided to prospective homebuyers, does not exist in its represented form. Instead, significant portions of the designated area are being used for landscaping and parking.
The case was heard by a bench comprising Justice Ahsanuddin Amanullah and Justice R Mahadevan. The court examined the original project brochure, maps, photographs and the CBI status report before concluding that the deviation could not be considered minor.
A major issue concerns a 147-metre stretch earmarked for the 24-metre-wide road. According to the court’s observations, approximately 52 metres of the stretch have been developed as a green patch. Another substantial portion is being used for parking by residents and visitors. Nearly 100 metres of the 147-metre stretch is therefore being used for purposes other than the road originally shown in the project plan.
The Supreme Court stated that the comparison of the original brochure and plan with the CBI report and photographs left no doubt that the project was not in conformity with the original plan. The court also questioned why the deviations had not been rectified despite opportunities being provided to bring the development in line with what had been represented to prospective buyers.
The CBI’s status report was submitted following the Supreme Court’s earlier direction for a fact-finding exercise. The purpose of the preliminary enquiry is to determine whether the designated 24-metre-wide road was maintained as a road or whether its nature had been altered during the development of the project.
To expedite the enquiry, the Supreme Court directed the CBI director to assign two additional inspectors to assist in completing the preliminary investigation. The court also clarified that the CBI must conduct its enquiry objectively and independently.
The Haryana government and other respondents have been directed to file detailed responses regarding the issues raised in the case. They have also been asked to disclose the steps taken to ensure that future construction work complies with applicable legal requirements.
The Supreme Court expressed dissatisfaction with the conduct of Haryana government authorities in relation to the land required for the road and other unresolved matters connected with the project. The court has cautioned that if the necessary steps are not taken, it may consider further action at the next hearing.
At the same time, the court recorded that the project meets the prescribed fire safety standards, based on the report submitted by the fire department.
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