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The Supreme Court has overturned a Punjab and Haryana High Court order that had directed a CBI investigation into alleged illegal land use in the Ambience Mall project in Gurugram. The top court held that the order was based on unverified material and ignored key facts, including long delays by petitioners. It noted that the mall, hotel, and residential complex were built years ago with visible commercial activity. The court also stayed an environmental compensation of INR 10 crore imposed by the National Green Tribunal.
The Supreme Court has set aside a Punjab and Haryana High Court order that had directed the Central Bureau of Investigation to probe alleged irregularities in the Ambience Mall project in Gurugram. The apex court ruled that the direction to register a criminal case and conduct a CBI inquiry was not supported by verified evidence and could not be sustained on facts or law. Advertisement
The case relates to allegations that residential land forming part of the Ambience Lagoon Island project, located along the Delhi-Jaipur highway, was illegally converted for commercial use. Petitioners had claimed that out of nearly 19 acres originally approved for residential development, only about 7.9 acres were retained for housing, while the remaining land was used for the mall and a luxury hotel.
While examining the matter, the Supreme Court noted that construction of the Ambience Mall and the adjoining Leela Ambience Hotel began in the early 2000s and was completed well over a decade ago. The residential flats in the complex were also occupied during the same period. The court observed that commercial activity was open and visible, making it difficult to accept the claim that residents were unaware of the nature of development.
The bench also pointed out that the petition seeking a criminal investigation was filed many years after the completion of the project. It held that such delay weakened the basis for directing a central agency probe, especially when regulatory approvals and land de-licensing issues had already been examined by authorities over the years.
In addition, the Supreme Court stayed an order of the National Green Tribunal that had imposed an environmental compensation of INR 10 crore on the developer for alleged construction in a green area. However, the court clarified that other legal issues connected to the project and pending before the High Court would continue to be heard independently.
Source PTI
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