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Supreme Court orders Haryana government to disclose details on affordable housing projects

Synopsis

The Supreme Court has directed the Haryana government to provide detailed information on affordable housing projects licensed over the past decade. This directive arises from the ongoing legal battle involving buyers of Mahira Homes in Sector 103, Gurugram, who have invested approximately INR 160 crore in a stalled project. Issued on July 22, the court's order mandates the Department of Town and Country Planning (DTCP) to furnish details on flat costs at launch, approved layouts, and amendments to building plans. The court seeks to ensure transparency and accountability in tripartite agreements between builders, homebuyers, and banks. With 73 affordable housing licences issued in Gurugram, many projects, including Mahira Homes, have seen minimal progress, raising concerns about regulatory enforcement. The next hearing is scheduled for September 27, with significant implications for future housing project oversight in Haryana.

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The Supreme Court has directed the Haryana government to provide detailed information on affordable housing projects that were licensed over the last ten years. This decision comes as part of the ongoing legal battle involving buyers of Mahira Homes in Sector 103, Gurugram, who have invested approximately INR 160 crore in a project that has been stalled for over two years.

The apex court's order, issued on July 22, requires the Department of Town and Country Planning (DTCP) to furnish crucial details, including the costs of flats when they were first launched, the approved project layouts, and information regarding any amendments made to the building plans. The court is particularly interested in understanding the agreements established among builders, homebuyers, and banks, known as tripartite agreements, to ensure accountability and transparency in these developments.

Homebuyers of Mahira Homes described their concerns in petitions filed with the Supreme Court, expressing frustration over the lack of progress. While the project was launched in 2019, buyers claim that only about 15% has been completed, and work has not resumed. The court has also mandated that the state government explain how it monitors ongoing projects and evaluates the quality of materials used in construction. In the event that any violations of regulations are discovered, the government must outline the steps it has taken to address these issues.

The court also called for a report on the various affordable housing initiatives introduced in Gurugram. According to affidavits reviewed by the court, a total of 73 licences were issued under the affordable housing policy in the area, but many of these projects, including Mahira Homes, have seen little to no ongoing construction. This raises questions about the efficacy of the licensing process and the enforcement of regulations meant to protect homebuyers.

As part of the proceedings, the Enforcement Directorate (ED) is currently investigating allegations of funds diversion by developers. The ED has been asked to provide updates on its inquiries, including the registration of Enforcement Case Information Reports (ECIR) against other developers involved in affordable housing projects. Homebuyers have faced significant delays and unfulfilled promises, prompting the current scrutiny of the government's oversight role in protecting their investments.

The ongoing situation reflects broader issues within the affordable housing sector in Haryana, where many projects have faced delays or have stalled entirely. Buyers have reported difficulty in getting satisfactory responses from both DTCP and the Haryana Real Estate Regulatory Authority (H-Rera), leading to the Supreme Court's involvement.

In March, a group of 96 homebuyers submitted a plea to the Supreme Court, indicating their growing frustration and the perceived inaction of the relevant authorities. H-Rera's chairperson, Arun Kumar, has insisted that the agency has acted within its means under the Real Estate (Regulation and Development) Act of 2016, but emphasises that further action falls under the responsibilities of the DTCP.

As this case unfolds, it highlights the need for improved regulation and monitoring of housing projects in Haryana. The next hearing is scheduled for September 27, and the pressure is on the Haryana government to demonstrate accountability and effectiveness in addressing the concerns raised by homebuyers. The outcome may set a precedent for how similar cases are handled in the future, impacting countless other buyers within the region.

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