In Gurugram, Emaar India faces allegations of selling a 1.2-acre plot in Heritage One society, Sector 62, designated as a green belt, to Polestar Private Ltd. for INR 8.1 crore under the guise of a school site. Polestar claims Emaar provided misleading documents, resulting in an FIR against Emaar for cheating and criminal conspiracy. The Gurugram police are investigating, while Emaar denies wrongdoing. This case underscores the necessity for rigorous due diligence and verification of land use approvals to safeguard real estate investments.
A developer, Emaar India, in Gurugram allegedly sold homebuyers a plot earmarked for a green space as a school site. Polestar Private Ltd, the aggrieved developer, claims they were duped into buying the 1.2-acre plot in Heritage One society, Sector 62, for INR 8.1 crore under the impression it was approved for a primary school.
According to DK Sharma, director of Polestar, Emaar provided documents, including a license dated May 14, 2010, and a site plan supposedly showing approval for a school. Polestar claims they paid INR 8.1 crore for the plot. However, their dream of building a school came crashing down when they submitted the layout plan to the Department of Town and Country Planning (DTCP) in Chandigarh for approval in January this year. The department informed them the land was designated as a green belt, not a school site.
Sharma alleges Emaar not only misrepresented the plot's purpose but also misled them into incurring additional costs. He said they were assured the land had a valid license, with claims of fees being paid until April 8, 2022. He added that they even paid INR 57 lakh in stamp duty based on their claims.
Emails exchanged between Emaar and Polestar reportedly show the developer acknowledging the mistake but trying to shift blame to contractors. Sharma feels this tactic is an attempt to portray the issue as a civil dispute, downplaying the seriousness of the alleged deception.
An FIR (First Information Report) has been registered against Emaar India under sections 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code. Polestar has requested the police to seize passports of Emaar officials and issue a lookout notice to prevent them from leaving the country.
The Gurugram police have confirmed they will be investigating the case and acquiring relevant revenue records from the DTCP in Chandigarh. Emaar India, on the other hand, has denied any wrongdoing. They claim to be a law-abiding company and maintain their commitment to ethical business practices.
This case highlights the importance of thorough due diligence before investing in real estate projects. Verifying land use approvals and permissions with relevant authorities is crucial to avoid such situations. The outcome of this case will be watched closely by the real estate industry and home buyers alike.
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