NEW DELHI: A plea has been filed in the Supreme Court for a CBI probe against 'navaratna' company NBCC officials and others whose "misdeeds" have resulted into direction to demolish the entire Green View project at Gurugram, involving 784 units in seven towers causing a loss of over Rs 737 crore to the public exchequer.
The writ petition filed by Ram Pratap Mehrotra, along with his daughter Shruti, stated this is a rare case where the Central Vigilance Commission on December 12, 2019, IIT Delhi on October 06, 2021, and Committee of Experts from IIT Roorkee and CBRI Roorkee, all have independently and on different dates concurrently submitted comprehensive reports stating that the entire residential project "Green View, Sector 37D, Gurugram" conceived, designed, marketed and built by NBCC (India) Ltd, was of extremely poor design and construction, and therefore unsafe for human habitation.
Forced by technical findings of the referred institutions, NBCC (India) Ltd issued notices last year to allottees, mostly retired government servants to vacate the premises.
The plea also pointed out the Central Vigilance Commission had also as early as 2019 raised questions on the process adopted for award of the works, poor planning and quality of works, yet the NBCC continued to coercively handover physical possession of the flats.
"Thus, the entire "Green View" Project needs to be demolished and dismantled as it is extremely dangerous for the life and safety of over 290 retired Government Servant families who have taken possession of their apartments in 2017 onwards and who consequently thereafter have been forced to vacate their respective apartments," it said.
The plea said in spite of forced eviction as back as March 04, 2022, the NBCC has refused refund Rs 1,46,05,770, which the Petitioners have paid as back as January 2018 towards the purchase of the apartment, pay the obligatory statutory compensatory interest of 15% as per Section 18(1) read with Section 2(za) of RERA Act, 2016, and pay cost of Rs 4,25,000 further incurred for 'fit out' of the flat.
It also said the public sector company had declined to compensate for mental agony and harassment.
It also pointed out the reports of IIT Delhi and Expert Committee comprising IIT Roorkee and CBRI Roorkee have expressed deep concerns about the safety of structures and have proposed massive repair within a period of two months.
According to the estimates of Internal Committee (May 30, 2022) of NBCC itself, repairs would entail over Rs 270 crores apart from refund of more than Rs 301 crores which thus would be a total of over Rs 571 crores in addition to the compensation to be paid to the Home Buyers.
Besides, the public exchequer would suffer a loss totalling in excess of Rs 737 crore, without accounting payable interest and other admissible compensations with the demolition and dismantling of all the seven Towers, it said.
The plea said the case may be referred to CBI for comprehensive investigation under Prevention of Corruption Act, 1988 without any further delay, since not only very senior officials, engineers and architects of NBCC are involved, but also the private persons who have brought disrespect and disrepute to NBCC, a well-known 'Navratna' Enterprise.
The plea further said although the Home Buyers had approached the National Consumer Dispute Redressal Commission and the Delhi High Court, considering the snail pace at which the progress of the proceedings is taking place and the several years which would be consumed in the final adjudication in these proceedings, the petitioners filed the present petition for a direction from the top court.
It also pointed out the District Magistrate-cum-Chairperson, District Disaster Management Authority also took cognizance of the issue stated on February 17, 2022 that "there is an imminent danger to the life and property of residents" and directed measures to be taken forthwith to prevent danger to human life, health or safety.
It was further directed that resident Home Buyers would vacate and handover the premises within 15 days and NBCC would provide alternative/suitable accommodation to them within 48 hours or rent along with shifting charges, besides refunding the money along with interest.
