In a setback to real estate major DLF, the Supreme Court on Monday vacated its earlier order that restrained the Punjab and Haryana High Court from hearing a plea by a residence welfare association — DLF Park Place Association — alleging violation of FAR norms by the developer and also launching of premium high-rise residential project ‘The Crest’ on the land that belonged to the Park Place project, a housing society, in Gurgaon.
A bench headed by Justice TS Thakur while vacating its June 2013 order said: “We see no reason to restrain the HC from hearing the main petition. We express no opinion on the merits of the case and the HC should make an endeavour to expedite the hearing.”
However, it did not vacate the stay on the HC’s interim order that restrained the company from construction, sale and marketing of its ‘The Crest’ project. The builder is still free to sell its properties.
The SC bench observed that “stay of proceedings is unjustified. You (DLF) have a stay in your favour. And HC proceedings are also stayed. Both things can’t go on.”
The SC direction can help the HC in deciding the rights of the allottees and could jeopardise the interests of persons who have invested in Crest if the same is found to be illegal, the DLF Park Place Association said in a media statement.