Housing Project Must Be Built As Per Brochure Given To Buyer: Supreme Court Directs CBI Enquiry Into DLF Construction
The Supreme Court has directed the Central Bureau of Investigation (CBI) to proceed with a Preliminary Enquiry (PE) into issues surrounding the construction of the DLF Primus project in Gurugram, particularly the alleged deviation from the project plan and brochure shown to homebuyers.
A Bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan said a housing project must be delivered in accordance with the representations made to prospective buyers through the brochure and plan. The Court observed that the 24-metre-wide road shown as cutting across the DLF Primus project does not exist in the manner represented in the original plan.
The exercise to determine whether the nature of the road has been altered was entrusted by the Court to Saurabh Gupta IPS of the Central Bureau of Investigation(CBI). In the CBI officer's status report dated August 3, 2026, it was found that the road did not exist as such within the project. According to the report and material placed before the Court, portions of the earmarked area were being used for parking, while other portions had been developed as a green track.
At the outset, the bench took the view that the road in the middle of the project is not in conformity with the original brochure, which was promised to the consumers.
"We pause here to indicate that from the very beginning, this Court has been emphasizing that the project, as sold to the consumers, was required to be delivered/constructed strictly in accordance with the representations made in the brochure/plan provided by DLF to the prospective buyers/consumers. A comparison of the same with the report and photographs contained in the Status Report dated 03.08.2026 leaves no manner of doubt that the 24-metre-wide road in the middle of the project is not in conformity with the original plan/brochure."
The bench further noted that the deviation is not merely minor but substantial, because of the 147-metre stretch earmarked for the road, about 52 metres has been developed as a green patch, while the remaining area is being used for parking by the residents.
"Thus, out of the said 147-metre stretch, approximately 100 metres is either a green patch or is being used for parking, constituting almost two-thirds of the entire stretch. We are at a loss to understand why, despite repeated opportunities having been granted to ensure that the project is brought into conformity with what was represented in the brochure, the aforesaid deviation has not yet been rectified."
The Court equally expressed dissatisfaction with the manner in which the State of Haryana and its officials handled the acquisition of the 100-metre portion of the land required for the road to connect the project with the 60-metre sector road. It said that the government failed to take effective steps to overcome the impediment and bring an end to any pending litigation which may come in the way of holding elections to the Residents Welfare Association.
CBI Officer Gupta IPS, who was entrusted with the fact-finding, submitted that as per the July 21 order, he was granted two months to submit a Preliminary Enquiry report. He urged that if additional manpower is assigned, it would expedite the process.Accordingly, the bench directed the CBI Director to assign two additional inspectors to assist Gupta.
"The Director, CBI, is accordingly requested to assign two additional Inspectors to assist Mr. Saurabh Gupta in completing the PE."
However, the bench warned that if, on the next hearing, the entire project is not completed as per the representation made in the brochure, the Court will take serious action.
"It is made clear that if by the next date of hearing the entire project is not completed in all respects in accordance with the representations made in the brochure, this Court shall proceed to pass appropriate orders. The State and its officials are also cautioned that if by the next date, necessary steps in all respects are not taken by them, this Court shall not show any further indulgence."
Lastly, the Additional Advocate General for Haryana has been asked to file detailed responses to the affidavits filed by private parties, disclosing the steps taken generally to ensure all constructions are being carried out in accordance with law.
The bench will hear the matter on October 12 at 3 pm.
Case Details: SWARNPREET KAUR & ANR. v. STATE OF HARYANA AND OTHERS
Citation : 2026 LiveLaw (SC) 902