Supreme Court sets aside order on CBI probe into Gurugram's Ambience Island project
Supreme Court stayed the operation of National Green Tribunal's imposition of environmental compensation of ₹10 crore on the developer for alleged construction in a green area.
The case relates to construction of Ambience Mall and other commercial structures on land measuring nearly 19 acres in Nathupur village along the Delhi-Jaipur National Highway in Gurugram.
In a significant development in the long-running legal dispute concerning the Ambience Island project in Gurugram, the Supreme Court today set aside a judgment of the Punjab and Haryana High Court which had called for a Central Bureau of Investigation led probe.
A Bench comprising Justice J.B. Pardiwala and Justice Sandeep Mehta of set aside the judgment of the Punjab and Haryana High Court and brought closure to the issues raised regarding the legality of the project.
In a significant relief to stakeholders, including residents and tenants occupying residential properties within Ambience Island, who had been facing prolonged uncertainty due to the pendency of this litigation, the Supreme Court clarified that the proceedings pending before the high court on other connected issues would not be affected by its ruling.
The dispute arose from the development of the Ambience Island project in Gurugram, which involved multiple land parcels and licences. Issues were raised with regard to the delicensing and relicensing of certain land parcels at the Ambience Island.
Homebuyers alleged that land originally earmarked for residential use had been utilised for the construction of commercial towers. By its judgment dated 10 July 2020, the High Court had set aside the delicensing/relicensing orders along with the approvals granted by the Department of Town and Country Planning (DTCP), Haryana, for the construction of Ambience Commercial Tower II, and had directed the State to take consequential action. The High Court had also ordered a CBI investigation. This led to filing of the petition by the Ambience Group before the Supreme Court of India.
Pronouncing its judgment today, the Supreme Court set aside the impugned judgment of the Punjab and Haryana High Court and directed that the connected proceedings pending before the National Green Tribunal (NGT) shall remain in abeyance until the High Court decides another writ petition filed by certain homebuyers, uninfluenced by any observations made by the Supreme Court.
Ambience Island is a premium luxury condominium offering world-class amenities. The Supreme Court’s judgment will provide renewed confidence and stability to the project, while offering reassurance to families and tenants lawfully residing within the complex.
Mr. Raj Singh Gehlot and the Ambience Group were represented by a senior legal team comprising Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Pinaki Misra and Mr. Sanjeev Ralli, Senior Advocates, along with Ms. Ruby Singh Ahuja, Mr. Vishal Gehrana, Ms. Uzma Sheikh, Ms. Varsha Himatsingka and Mr. Tribhuvan Narain Singh, Advocates from the leading litigation firm Karanjawala & Co.
The State was represented by Tushar Mehta, Solicitor General of India, and Lokesh Sinhal, Senior Additional Advocate General. The homebuyers were represented by Ms. Kamini Jaiswal, Advocate, and Mrs. Uttara Babbar, Senior Advocate, along with assisting lawyers.