Justice A. Amanullah Justice R. Mahadevan Civil Appeal A promised road that became aparking lot and a garden
[ Supreme Court ]

Supreme Court Finds Two-Thirds of DLF Primus Road Missing, Warns State of Haryana

A Division Bench found nearly 100 metres of a promised 24-metre-wide road either converted to green patch or used for parking, putting DLF and Haryana on final notice.

A Supreme Court Division Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan has found that approximately 100 metres out of a 147-metre stretch earmarked for a 24-metre-wide road inside the DLF Primus Gurugram housing project has been either converted into a green patch or is being used for parking — amounting to nearly two-thirds of the entire stretch. The finding emerges from a Status Report dated 3 August 2026 submitted by a CBI Superintendent of Police who was directed to conduct a fact-finding exercise. The Court has given DLF Home Developers Ltd. and the State of Haryana a final opportunity to remedy the situation, listing the cluster of civil appeals for hearing on 12 October 2026 at 3.00 p.m.

How the Dispute Reached the Court

The proceedings arise from a batch of civil appeals and connected matters in which home buyers of the DLF Primus Gurugram project are ranged against DLF Home Developers Ltd. The buyers include Swarnpreet Kaur & Anr., Rohit Bhayana & Anr., Mayank Kumar & Anr., L.K. Dhamija, and Ranjana Bhatia, among others. DLF Home Developers Ltd. has itself filed cross-appeals against several of these buyers. A Transfer Petition filed by Swarnpreet Kaur & Anr. against the State of Haryana and Others is also part of the cluster.

The central consumer complaint is that the project as delivered does not match the representations made in the brochure and plans that DLF provided to prospective buyers. The 24-metre-wide road cutting across the project was a feature promised in those representations.

By an order dated 21 July 2026, the Court directed Mr. Saurabh Gupta, IPS, Superintendent of Police, CBI, to conduct a Preliminary Enquiry (PE) and a related fact-finding exercise. His Status Report, filed on 3 August 2026, became the centrepiece of the 18 August hearing.

What the CBI Status Report Revealed

The fact-finding exercise focused on a single question: whether the 24-metre-wide road that was to cut across the entire DLF Primus project is being maintained as a road, or whether its character has been altered. The answer, the Court found, was unambiguous.

Out of a 147-metre stretch earmarked for the road, about 52 metres has been developed as a green patch. A further substantial area — roughly equivalent in extent — retains the appearance of a plain road surface but is being used for parking by residents and visitors. The Court recorded that the deviation “is not minor but substantial.” Maps and photographs accompanying the Status Report left no room for dispute on the factual position.

The Court also noted the stand of the Fire Department: its report indicated that the project satisfies prescribed fire safety standards. That aspect, at least, was not in issue before the Bench.

The Court's Finding on DLF's Obligations

The Bench was emphatic that from the outset of these proceedings it has stressed that the project must be delivered strictly in accordance with the representations in DLF's own brochure and plan. A comparison of those representations with the CBI's photographs and report showed a clear and substantial departure.

The Court expressed that it was “at a loss to understand” why, despite repeated opportunities, the deviation had not been rectified. The language signals that the Court views any further non-compliance as exhausting its patience. The order makes plain: if by 12 October 2026 the entire project is not completed in conformity with the brochure representations, the Court will pass appropriate orders without further indulgence.

Dissatisfaction with the State of Haryana

The Bench separately recorded its dissatisfaction with the conduct of the State of Haryana and its officials on two fronts.

First, the State has not acquired approximately 100 metres of land required to connect the internal 24-metre-wide road with the external 60-metre Sector Road. Second, the State has failed to take effective steps to resolve impediments and end pending litigation blocking the holding of elections to the Residents Welfare Association.

The Court cautioned the State that if necessary steps are not taken in all respects by 12 October 2026, no further indulgence will be shown. Mr. Lokesh Sinhal, Senior Additional Advocate General for Haryana, was directed to file a detailed response to affidavits filed by private parties, disclosing steps taken to ensure all constructions henceforth comply strictly with relevant statutes.

CBI Preliminary Enquiry: Additional Manpower Directed

Mr. Saurabh Gupta drew the Court's attention to the earlier order of 21 July 2026, by which he was granted two months to submit a report after completing the PE. He submitted that additional manpower would facilitate its expeditious completion. The Court accepted this request. The Director, CBI, has been requested to assign two additional Inspectors to assist Mr. Saurabh Gupta in completing the PE.

Before closing, the Court issued a notable clarification: the CBI shall not be influenced or prejudiced by any observations made in the course of these proceedings. The Bench said any such observations were made only to sensitise the parties to the seriousness of the issues. The CBI is to conduct the PE objectively and independently.

Order

By way of an extraordinary indulgence, the Court listed the entire batch — Civil Appeal No. 8049/2023 and all connected civil appeals and the Transfer Petition — for hearing on 12 October 2026 at 3.00 p.m. The CBI Status Report dated 3 August 2026 is to be supplied to all parties. Mr. Lokesh Sinhal and concerned respondents are directed to file detailed responses to the affidavits filed on behalf of private parties before the next date.