NEW DELHI: In a significant development in the long-running legal dispute over the Ambience Island project in Gurugram, the Supreme Court on Tuesday set aside a Punjab and Haryana High Court order that had directed a CBI investigation into the alleged illegal conversion of residential land for the construction of the swanky Ambience Mall.
A two-judge Bench of the apex court, headed by Justice J B Pardiwala and Justice Sandeep Mehta, pronounced the order.
In its ruling, the top court held that the direction issued by the High Court to the CBI to register an FIR was “uncalled for”, as it had been based on unverified and inconclusive material.
It was alleged that 18.98 acres of land on the Delhi Jaipur National Highway in Gurugram, earmarked for the Ambience Lagoon Island Residential Complex, had been reduced to just 7.9 acres, with a commercial complex erected on the remaining land.
The Supreme Court’s judgment, pronounced on Tuesday, brought closure to the issues raised regarding the legality of the project and came as 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 the litigation.
The dispute arose from the development of the Ambience Island project in Gurugram, which involved multiple land parcels and licences. Issues were raised, including with regard to the delicensing and relicensing of certain land parcels at Ambience Island.
It was the case of some homebuyers that land originally earmarked for residential use had allegedly been utilised for the construction of commercial towers.
By its judgment on July 10, 2020, the High Court had set aside the delicensing and 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 the filing of a petition by the Ambience Group before the Supreme Court of India.
Pronouncing its judgment, the Supreme Court set aside the impugned ruling 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 one of Gurugram’s premium luxury condominium offerings with world-class amenities, and the Supreme Court’s judgment is expected to provide renewed confidence and stability to the project, while offering reassurance to families and tenants lawfully residing within the complex.