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The developer of Malibu Towne and five other companies have been booked for unauthorized construction and encroachment on public land. The Department of Town and Country Planning (DTCP) urged the police commissioner to register an FIR against the companies, which was filed under sections 10(2) and 3 of the Haryana Development and Regulation of Urban Areas Act, 1975. The alleged crime came to light after a resident filed a complaint. Restoration orders were passed in March 2023 for the unauthorized construction, and the developer's reply to the notice was found unsatisfactory.
Malibu Towne, a popular residential and commercial complex in Gurugram, has been in the news for all the wrong reasons. The developer of Malibu Towne, Malibu Estate Pvt Limited, and five other companies associated with it have been booked for unauthorised construction and encroachment. This action comes after the Department of Town and Country Planning (DTCP) wrote to police commissioner Kala Ramachandran, urging her to register a First Information Report (FIR) against the companies.
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According to DTCP, the developer carried out unauthorised construction in the club building and encroached on the park area of Malibu Towne. District town planner (enforcement) Manish Yadav, in his letter to the police chief, sought registration of an FIR and action against the builder and any associates who were part of the illegal act. The FIR was recently filed against Malibu Estate and its subsidiary firms Dinero Estate, Casa Estate, Sanpedro Estate, Geoid Estate and Santaluna Estate under sections 10(2) and 3 of the Haryana Development and Regulation of Urban Areas Act, 1975.
The alleged crime came to light after a resident filed a complaint alleging that the land belonged to the residents, but the builder encroached upon the land and then carried out construction. This encroachment on the park area and unauthorised construction in the club building is a violation of the 1975 Act. Police are carrying out an investigation and DTCP will provide all necessary documents and support to them.
The DTCP office issued a show-cause notice under Section 10 (2) of the Act in October 2022. Restoration orders were passed in March 2023 in respect to addition/alteration and unauthorised construction in the building of the club at Maple Drive in Malibu Towne. Another notice was issued in January 2023 for encroachment in the park area and restoration order was issued in February 2023. The developer submitted its reply, which was found to be unsatisfactory.
As per Section 3B of the Act, no person shall direct or redirect buildings in the colony, save in accordance with the approved plan and subject to such restrictions in conditions as contained in the licence or as may be specified by the government or the DTCP director. The violation of this section has led to the current situation that the developer finds themselves in.
It is important to note that unauthorised construction and encroachment on public land has become a serious issue in many cities of India, including Gurugram. The problem is not only that the land is being illegally occupied and developed, but it also causes serious damage to the environment and ecosystems. In many cases, it also leads to the displacement of local communities and the loss of their livelihoods. Therefore, it is necessary to take strict action against such illegal activities and hold those responsible accountable for their actions.
In conclusion, the booking of the Malibu Estate Pvt Limited and its subsidiary firms is a step in the right direction towards ensuring that such violations do not continue in the future. The investigation and legal proceedings must be carried out impartially and transparently, and the guilty parties must be punished accordingly. It is only by doing so that we can protect the public interest and prevent further damage to the environment and local communities.
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