Case Note & Summary
The present batch of civil appeals, with the lead matter arising out of SLP(C) No. 11480 of 2020, originated from the judgment and order dated 10 July 2020 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 20330 of 2015. The case involves a long-standing dispute surrounding the development of a residential colony and commercial complex by the appellants-developers, who include Raj Singh Gehlot and his companies, M/s Ambience Private Limited and M/s Ambience Developers and Infrastructure Private Limited. The respondents, Dr. Amitabha Sen and Mrs. Dipika Sen, had filed the underlying writ petition before the High Court, challenging certain aspects of the development project. The High Court allowed their petition, leading the developers and several state authorities to approach the Supreme Court by way of special leave petitions. Leave was granted, and the matters were heard together. The factual matrix traces back to 1991, when M/s HLF Enterprises (P) Limited acquired 22.98 acres of land in Nathupur, Gurgaon. A license for a residential colony was granted in 1993, and over the years, various approvals, building plans, change of land use permissions, and occupancy certificates were obtained. In 2001, an Apartment Buyers' Agreement was executed between the developers and respondent Nos. 1 and 2. A deed of declaration under Section 2 read with Section 11 of the Haryana Apartment Ownership Act, 1983, was submitted in 2009 for 11.83 acres. The chronology includes a consumer complaint filed by residents in 2005, a civil suit by the Residents' Welfare Association in 2010, and multiple writ petitions before the High Court. In 2015, respondent Nos. 1 and 2 approached the High Court, as directed by the Supreme Court in a prior writ petition. The High Court ultimately ruled in their favor, prompting the present appeals. Additionally, Civil Appeal Nos. 872–874 of 2021, which stemmed from orders of the National Green Tribunal regarding environmental violations, were heard separately but initially tagged with the main batch. The Supreme Court, after hearing arguments, was set to deliver a judgment on the overlapping questions of fact and law concerning the legality of the development approvals and the rights of the apartment buyers. The final decision and operative directions were withheld in the provided excerpt.
Issue of Consideration
(Arising out of SLP (Civil) No(s).11480 of 2020)
Case Details
2026 LawText (SC) (01) 66
Civil Appeal @ SLP (C) No(s).11480/2020 & connected matters (SLP(C) No. 5971 of 2021, SLP(C) No. 14797 of 2020, and Civil Appeal Nos. 872–874 of 2021)
Raj Singh Gehlot, M/s Ambience Private Limited, M/s Ambience Developers and Infrastructure Private Limited
Amitabha Sen, Dipika Sen, Chief Secretary Government of Haryana, Chief Administrator Haryana Urban Development Authority, Chief Town Planner Town and Country Planning Department, A.K. Ganju, A.K. Ganju & Associate, Rajeev Khanna, Grid Architecture Interiors Private Limited
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against the judgment and order dated 10 July 2020 passed by the High Court of Punjab and Haryana in Civil Writ Petition No. 20330 of 2015, involving disputes related to the development of a residential colony and commercial complex.
Remedy Sought
Setting aside of the impugned High Court order and dismissal of the writ petition filed by the respondents (Amitabha Sen and Dipika Sen).
Filing Reason
The High Court allowed the writ petition filed by the respondents, and the appellants (developers and state authorities) are aggrieved by the adverse findings and directions.
Previous Decisions
High Court of Punjab and Haryana, judgment and order dated 10 July 2020 in Civil Writ Petition No. 20330 of 2015.
Judgment Excerpts
Leave granted.
At the outset, it would be apposite to clarify that Civil Appeal Nos. 872 – 874 of 2021, though tagged together, emanate from the orders passed by the National Green Tribunal in Original Application No. 238 of 2015.
The above captioned appeals arise out of judgment and order dated 10th July, 2020 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 20330 of 2015.
Procedural History
The respondents (Amitabha Sen and Dipika Sen) filed Civil Writ Petition No. 20330 of 2015 before the High Court of Punjab and Haryana following a direction by the Supreme Court in Writ Petition (C) No. 338 of 2015. The High Court allowed the writ petition by its judgment dated 10 July 2020. Aggrieved, the appellants filed Special Leave Petitions before the Supreme Court, which were converted into Civil Appeals. Leave was granted in the lead matter SLP(C) No. 11480 of 2020 and connected SLPs. Civil Appeal Nos. 872–874 of 2021, originating from NGT orders, were initially tagged but heard separately. The Supreme Court is hearing the batch of appeals together.
Acts & Sections
- Haryana Apartment Ownership Act, 1983: 2, 11
