Facts: This case involves appeals against a High Court judgment concerning the de-licensing of land originally designated for a residential colony (Ambience Lagoon Housing Project) to allow for the construction of a commercial complex (Ambience Mall) by M/s. HLF Ltd. (later Ambience Developers). The High Court quashed the de-licensing orders, finding collusion between the builder and State authorities, and directed a CBI investigation. The appellants (developers and the Town Planner) argued that the de-licensing was legal, the High Court erred in its findings, and the CBI investigation was unwarranted. The respondents (flat owners) contended that the de-licensing was illegal, violated statutory provisions, and deprived them of promised amenities.
Procedural Posture: The case reached the Supreme Court of India as a civil appeal against the judgment and order of the High Court of Punjab and Haryana in Civil Writ Petition No. 20330 of 2015. The appeals also challenged orders of the National Green Tribunal (NGT) related to environmental compensation.
Issue: 1. Was the High Court correct in quashing the de-licensing orders and directing a CBI investigation? 2. Did the NGT have the jurisdiction to entertain the issues concerning violations of building plans, given the pendency of related matters before the High Court? 3. Was the de-licensing of land permissible under the Haryana Development and Regulation of Urban Areas Act, 1975?
Holding: The Supreme Court allowed the appeals, set aside the High Court's judgment, and stayed the NGT's orders. The Court held that the High Court erred in its findings, the NGT lacked jurisdiction, and the CBI investigation was unwarranted at this stage.
Reasoning: The Court reasoned that the High Court's findings were based on unsubstantiated assertions and ignored the Apartment Buyers' Agreement, which indicated the residential colony would be developed on a smaller area than originally licensed. The Court also noted that the High Court failed to consider the DTCP's order dated 5th August, 2021, which addressed the disputed issues and was under challenge in a separate writ petition. The Court found that the NGT lacked jurisdiction as the issues before it overlapped with those before the High Court and did not involve a substantial question relating to the environment. The Court also considered the chargesheet filed by the CBI, which found no criminality in the grant of the original license or the de-licensing process, although it did find concealment of facts in the Apartment Buyers' Agreement. The Court emphasized that the 2020 amendment to the Haryana Development and Regulation of Urban Areas Act, 1975 validated the de-licensing action.