AMITABHA SEN & ANR Vs. RAJ SINGH GEHLOT

JUDGEMENT

(1.) The matter pertains to the construction raised in approximately 18.98 acres of land right adjacent to the Delhi-Jaipur National Highway, in Gurgaon, which comprises of residential complex, commercial buildings as well as a Mall, popularly known as Ambience Mall.

(2.) The writ petition has been filed alleging that while raising the commercial complex there has been blatant violation of the statutory provisions and rules made thereunder. It has been indicated in the petition that the entire complex could not have come up without collusion of the government authorities who granted various approvals and permissions. At the time of filing of the petition, a prayer was made to restrain construction of commercial complex on Ambience Lagoon Complex (having licence for residential colony) and to seal the commercial building. However, it appears that during the pendency of petition, the entire construction has been completed. It has further been prayed that the illegally constructed commercial complex be demolished and a CBI investigation be ordered for the usurpation of the land by the builder in active connivance with the authorities; as also, to strictly maintain 35% ground coverage area and maximum FAR prescribed for group housing, as stipulated under the law; and for restoration of peaceful possession of 18.98 acres of land originally reserved for the said residential complex. Petitioner also prayed for interim orders more or less on similar terms. At the outset it is necessary to reproduce hereunder the interim order passed by the 1 st Division Bench on 23.09.2015:-

(3.) Number of orders were passed thereafter by coordinate Benches seeking information pertaining to licence no. 19 of 1993 originally granted to the builder as also the multiple licences issued thereafter.