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HC extends interim direction restraining allotments in Gurugram realty project till Sep 25

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HC extends interim direction restraining allotments in Gurugram realty project till Sep 25

Gurugram, Sep 17 The Punjab and Haryana High Court has extended till September 25 its interim direction restraining further allotments in Oberoi 360 North, a luxury housing project in Gurugram being developed by Oberoi Realty.


A division bench of Justices Rajesh Bhardwaj and Puja Chopra passed the order on Wednesday while hearing Advance India Projects Ltd's (AIPL) petition against the director, Department of Town and Country Planning (DTCP), Haryana, and other respondents.


During the hearing, AIPL's senior counsel submitted that the high court, through its July 7 order, had directed the DTCP director to decide a representation filed by the company. The court was informed that the DTCP director subsequently passed an order on August 17.


The August 17 order was not in consonance with the directions issued by the high court, AIPL said.


It also told the court that the rights of various allottees and prospective allottees were involved and sought continuation of the direction restraining further allotments.


The respondents opposed continuation of the interim protection. Their counsel submitted that AIPL had an alternative remedy to challenge the DTCP order and contended that the August 17 order was not even challenged by the petitioner in the appropriate manner.


After hearing the submissions, the high court extended the interim direction issued on July 7 and ordered that no further allotment shall be made until the next date of hearing. The court listed the matter for September 25.


The latest order does not decide the merits of AIPL's challenge to the DTCP decision. It also does not record any finding against Oberoi Realty or determine the legality of the project, its approvals or the allegations raised in the broader dispute.


The underlying petition concerns the development and regulatory approvals relating to Oberoi 360 North. AIPL has raised various allegations in the larger proceedings concerning licences, transfer of development rights and FDI-related issues. Those allegations remain part of the petitioner's case and have not been adjudicated upon in the September 16 order.


The latest direction is therefore limited to maintaining the no-further-allotment protection until the next hearing, while the proceedings concerning the DTCP's August 17 decision continue before the high court.


The dispute relates to a 14.816-acre land parcel in Sector 58, Gurugram, where a residential colony with a commercial component is proposed.


The petitioner alleged that the grant and subsequent transfer of the licence were contrary to the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975, and that the transaction breached conditions governing foreign direct investment (FDI).


AIPL has sought a stay on a licence issued on May 12, 2025, and the subsequent order dated June 17, 2025, approving the transfer of the development licence to another developer. The company has also claimed rights over the project and sought cancellation of the sale deed executed in favour of Oberoi Realty.

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