Nbcc Ews Resident Welfare Foundation Sec 37d, Gurugram v. Nbcc (India) Limited & ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 124/2024, CM APPL. 603/2024, CM APPL. 605/2024 and CM APPL. 20736/2026 NBCC EWS RESIDENT WELFARE FOUNDATION SEC 37D, GURUGRAM .....Petitioner Through:

Mr. Amit Jain and Mr.Bhavesh, Advocates.

versus NBCC (INDIA) LIMITED & ANR.

.....Respondents Through:

Mr.Shashank Bajpai, Ms.Aashna Mehra, Mr. Vatsal Tripathi, Mr.

Govind Singh Chauhan, Advocates for R-1.

Ms Pratima N Lakra CGSC with Ms Upanita Soumyadarshini and Mr Shailendra Mishra Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 02.04.2026 1.

The instant petition is for the following reliefs:- "a. Issue appropriate writ , order or direction in the nature of mandamus and /or any other appropriate writ, directing the Respondents to hand over possession of the flats/ units/ dwellings in the EWS Blocks in NBCC Green View Apartments back to the residents who were residing in the respective flats prior to their evacuation. b. Further to issue appropriate orders or directions in the nature of mandamus directing the Respondents to provide the residents and flat owners of the EWS Blocks in NBCC Green View Apartments with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complete amount of rental and moving charges along with interest @ 18 % from the time of evacuation on March , 2022 till date. AND/ OR c. Further to issue appropriate orders or directions in the nature of mandamus and/or any other appropriate writ, directing the Respondent No. 1 to propose a proper offer letter to the flat owners of NBCC Green View Apartments in consonance with the provisions of the Real Estate (Regulation and Development ) Act, 2016;

AND/ OR d . Further to issue appropriate orders or directions in the nature of mandamus and /or any other appropriate writ, directing the Respondents to get conducted a separate audit for the structural health assessment of the EWS Blocks in NBCC Green View Apartments by an independent research organization not related to the organizations who have already conducted audit reports;

e. to quash all the decision of the Respondent No. 1 to demolish the entire housing project being NBCC Green View Apartments which includes the EWS Blocks;

AND/OR f. to direct an independent inquiry into how the negligence in poor quality construction of the Buildings in NBCC Green View Apartments occurred ;

AND g. pass any other or further writ or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed by the Hon 'ble Court in favour of the Petitioner and against the Respondents."

2.

The Court has a reservation regarding territorial jurisdiction of this Court as the project in question situates outside the jurisdiction of the Delhi High Court.

3.

Learned counsel for the petitioner, however, submits that the notice was issued in the year 2024 and at this point of time, the petitioner may not be relegated to another High Court.

4.

Having considered the said submission, the Court finds that the matter can be disposed of issuing directions to respondent no.1 i.e. NBCC (India) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Limited to deal with the petitioner's grievance by way of a speaking order. 5.

The petitioner is, therefore, granted liberty to file a comprehensive representation highlighting the grievance as subsists today with respondent no.1 within a period of fifteen (15) days from today. 6.

If such a representation is filed by the petitioner, let the same be considered by respondent no.1 strictly in accordance with law after affording opportunity of hearing to the petitioner through authorized representative. 7.

Let a speaking order be passed by respondent no.1 within a period of four months from the date of receipt of the representation. 8.

With the aforesaid observations, the instant petition stands disposed of along with all pending applications.

9.

All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J APRIL 2, 2026 Nc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.