Homebuyers move SC seeking to implement DDMA Gurugram directions relating to Green View society

A plea has been moved in Supreme Court seeking direction to NBCC (India) Ltd to implement the directions given by the District Disaster Management Authority (DDMA) Gurugram.

The petitioner also sought direction from the Ministry of Housing and Urban Affairs to initiate appropriate proceedings through CBI or any such organization under the Prevention of Corruption Act, 1988 against the guilty persons whose misdeeds have forced the demolition of the entire Green View Project involving 784 Units in 7 Tower thereby causing a huge loss of over Rs. 737 crores to the Public Exchequer.

The plea was filed by one Ram Pratap Mehrotra and others through advocate M L Lahoty and Himanshu Shekhar.

The Petitioners have drawn the attention of this Hon'ble Court to a rare case where the Central Vigilance Commission ["CVC"] on 12.12.2019, IIT Delhi on 06.10.2021, IIT Roorkee and CBRI Roorkee, all have concurrently submitted comprehensive reports that the entire NBCC "Green View" Project at Sector 37-D Gurugram needs to be demolished and dismantled as it is extremely dangerous for the life and safety of over 290 retired Government Servant families who have taken possession of their Apartments in 2018 onwards and who consequently thereafter have been forced to vacate their respective Apartments.

The pathetic state of affairs has forced the Petitioners to knock on the doors of the Supreme Court seeking enforcement of their Fundamental and other Rights including those flowing from Articles 14 and 21.

According to the petition, the District Magistrate-cum-Chairperson, District Disaster Management Authority took cognizance of the issue related to the evacuation of residents of NBCC Green View Project on instructions from the Directorate, Town and Country Planning Department, Haryana and accordingly held a meeting on February 16, 2022, with the Officials of NBCC and the Resident Home Buyers.

Pursuant to the meeting, the District Magistrate-cum Chairperson, DDMA on February 17, 2022, taking into consideration the recent mishappening at Chintels Paradiso Housing Complex, Gurugram where a part of the structure of a flat on the sixth floor collapsed resulting in casualties and injuries, stated that "there is an imminent danger to the life and property of residents" and directed measures to be taken forthwith to prevent danger to human life, health or safety."

It was further directed that resident Home Buyers would vacate and hand over the premises within 15 days and NBCC was directed to provide alternative/suitable accommodation to the Home Buyers within 48 hours or rent along with shifting charges. NBCC was also directed to provide refund of money along with interest as applicable as per law to the resident residing in the society within a period of one month.

The petitioner said the dilatory strategy of NBCC continues relentlessly as no concrete plan of refund of money to ameliorate the unbearable hardships of the Home Buyers of NBCC Greenview even continues to date.

In the meantime, DTCP (Haryana) on 07.07.2022 accorded a personal hearing to the representative of NBCC who informed DTCP that NBCC is in the process of demolishing/dismantling the building as per the report of IIT Roorkee and CBRI Roorkee.

Thereafter, DTCP vide its Memo dated 26.07.2022 directed NBCC to start the process of demolition of the building within one month and give a timeline for completion of the project and also to give alternate accommodation/rent to flat owners till grant of occupation certificate of the new building or alternatively pay the cost of flats along with interest as per RERA Act, 2016.

The petition also said that the public exchequer would suffer a loss totalling in excess of Rs. 737 crore, without accounting for payable interest and other admissible compensations with the demolition and dismantling of all the 7 Towers. The petition said it is in the fitness of the things that the whole case may be referred to CBI for comprehensive investigation under the Prevention of Corruption Act, 1988 without any further delay, since not only very senior officials, engineers and architects of NBCC are involved, but also the private persons who have brought disrespect and disrepute to NBCC, a well-known 'Navratna' Enterprise.

The President of the Association of Apartment Owners, Green View Gurgaon said that in the history of independent India this is perhaps the only case where buildings constructed by a high-profile government company.

"NBCC has developed cracks in the structures resulting in the buildings being declared unsafe. Consequently, residents have been forcibly evicted by NBCC without paying any compensation in terms of refund etc. He said that the petition before the Apex Court is timely and we have faith in the judiciary that we will get justice and further added that right now Allottees of flats in NBCC Green view are living miserable lives as most are retired public servants," said G. Mohanty, president of Green View Gurgaon.

( With inputs from ANI )