In a major relief to the Ambience Group, the Supreme Court has set aside the Punjab and Haryana High Court’s July 2020 order that directed a CBI investigation into the construction of the Ambience Mall in Gurugram. The High Court had ordered the probe alleging that the mall was constructed on land originally earmarked for a residential housing project.
The Verdict A Bench comprising Justices JB Pardiwala and Sandeep Mehta termed the High Court’s direction for a criminal investigation as “unsustainable in law.”
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Reasons Cited: The apex court observed that the High Court’s order was based on “unverified and inconclusive material.” It further noted that the petition suffered from “gross delay”, as it was filed in 2015—nearly eight years after the mall and the Leela Ambience Hotel were constructed and fully operational (2007-08).
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On Petitioners: The Bench remarked on the “rank silence and utter indifference” of the flat owners for nearly a decade, stating that this delay raised serious doubts about the bona fides of their challenge.
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CBI Report: The court noted that the CBI had already filed a report finding that the de-licensing of 8 acres of land (to allow commercial use) was in accordance with the law.
Stay on NGT Fine In addition to quashing the CBI probe, the Supreme Court also stayed the order of the National Green Tribunal (NGT), which had imposed an environmental compensation of ₹10 crore on the developer for alleged construction in a green area at the Ambience Lagoon Apartment complex.
Case Background The dispute pertains to 18.98 acres of land in Nathupur village on the Delhi-Jaipur National Highway.
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The Allegation: Petitioners alleged that the land was originally licensed for the Ambience Lagoon Island Residential Complex but was reduced to just 7.9 acres, with the remaining land being illegally converted for the commercial complex (Ambience Mall).
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HC Order (2020): The High Court had quashed the commercial license and ordered a CBI probe, suspecting collusion between the builder and state authorities. The SC has now overturned this decision.
