Gurugram, Nov 2 (IANS): In a major setback for a realtor, a Gurugram court has stayed its 12-acre housing project in Gurugram's Sector 65, citing that the developer and its three sister concerns got the construction licence by defrauding the licensing authority.

The project of M/s Anant Raj Ltd, has come under scanner after around 26 to 27 land owners, including complainant Sushila Devi, came to know that the realtor, after getting DTCP licence, approached the Haryana Real Estate Regulatory Authority (HRERA) for further approval.

"The owners found that an ex-parte land demarcation order had been issued on May 9, 2018, without serving them any notice. The proceedings had been conducted by an assistant collector in Wazirabad," Tanuj Jaglan, the petitioner's advocate told IANS.

The order was stayed by the sub-divisional magistrate (SDM) of Badshahpur on February 8, 2022, and later fully set aside on April 25, 2023, he said.

"The developer had then challenged the SDM's decision and filed an appeal before the divisional commissioner, and the appeal remains pending till date," Jaglan said.

The court of Jyoti Grover, civil judge junior division, had stayed the project on October 8 and observed that one of the key requirements for such a licence is the physical partitioning of the land.

The court noted that the developers failed to disclose the stay order from February 2022 and the April 2023 SDM order to the licensing authority.

"The defendant companies conveniently concealed the facts of the case and stay order dated February 8, 2022, from DTCP, in order to get the licence," the court said.

The court said that as of April 25, 2023, the demarcation of the land no longer existed, making the licence granted on October 18, 2023, invalid since it was issued for joint, undivided land, which is not permissible under the law.

It was further observed they did not even disclose to DTCP the order of April 25, 2023, passed by the Badshahpur SDM, who had set aside the demarcation order of May 9, 2018.

"As a corollary, demarcation of the suit and defining share of defendant companies therein ceased to exist as of April 25, 2023, and the licence bearing no. 211 of 2023 dated October 18, 2023, was subsequently granted qua a joint undivided land, which is not permissible under the law,” the court’s order said.

“The licence had been obtained using fraudulent documents and concealing facts before the DTCP, as the ex-parte demarcation order had already been set aside April 23 order. Despite that, we have also filed a criminal complaint against the builder for forgery for obtaining the licence which is still pending with the DCP (East) of the Gurugram Police," Jaglan asserted.

Meanwhile, the developer's advocate, Ram Avtar Gupta, said that the company will approach the appellant court against this order.

"The contention of defendants that pendency of their appeal against order dated 25.04.2023 (whereby demarcation order was set aside) before the divisional commissioner was sufficient ground for them to continue with plotting and carving out colony on the land, is misplaced since operation of the order dated 25.04.2023 has not been stayed in second appeal,” the court observed.

The court allowed the complainant's petition, saying that she had established a strong case and would suffer huge harm if the stay were not granted.

"The plaintiff has successfully established a prima-facie case in her favour, which is evident from discussion in the preceding paragraphs. The balance of convenience also tilts in her favour. And irreparable loss would be caused to the plaintiff if the injunction is refused, since she would be deprived of a substantially large portion of undivided land, some of which may fall into her lap on partition," read the court order.

The court observed that in view of foregoing discussion, the instant application is allowed.

"Defendants no. 1 to 4 are consequently restrained from alienating or creating third party rights/interests/title in the land and are directed to maintain status quo regarding further proceedings for colonisation/plotting thereof during pendency of this suit," it said.