Authority: Supreme Court of India

Order Date: 21-07-2026

Case Overview

  • Parties: Swarnpreet Kaur & Anr. (Appellants) vs. DLF Home Developers Ltd. & Ors. (Respondents).
  • Bench: Hon'ble Mr. Justice Ahsanuddin Amanullah and Hon'ble Mr. Justice R. Mahadevan, JJ.
  • Counsel for Appellants: Ms. Abiha Zaidi (AoR), Mr. Senthil Jagadeesan, Sr. Adv.; Ms. Suriti Chowdhary, AoR; Ms. Niharika S, Adv.; Ms. Arushi, Adv.; Ms. Tanya Sharma, Adv.; M/S. Karanjawala & Co., AoR.
  • Counsel for Respondents: Ms. Abiha Zaidi, AoR; M/S. Karanjawala & Co., AoR; Mr. Ranjit Kumar, Sr. Adv.; Mr. Pinaki Misra, Sr. Adv.; Ms. Ruby Singh Ahuja, Adv.; Ms. Seema Sundd, Adv.; Mr. Pravin Bahadur, Adv.; Mr. Rituraj Srivastava, Adv.; Mr. Jappanpreet Hora, Adv.; Mr. Mihir Baisla, Adv.; Mr. Vedant Singh Choudhary, Adv.; Mr. Aditya Singh, Adv.; Respondent‑in‑person Mr. Senthil Jagadeesan, Sr. Adv.; etc.
  • Additional Legal Representatives: A.A.G. Mr. Shekhar Raj Sharma, Mr. Akshay Amritanshu, Ms. Nidhi Narwal, Ms. Srishti Jain, Mr. Sarthak Srivastava, Mr. Tushar Mehta (Solicitor General), and a team of senior advocates and government law officers listed in the order.
  • Core Dispute: Whether the 24‑metre wide internal road constructed by DLF within the developed site is free of encroachment and whether the junction with the existing 60‑metre road is unobstructed; also issues concerning permanent electric connections, backup generator capacity, and sewage handling for the entire campus.

Order Details

1. The Primus Resident Condominium Association (PRCA) is superseded with immediate effect; the Commissioner of Police, Gurugram, is directed to take over PRCA premises and secure all records/documents.

2. The PRCA shall be administered by the Deputy Commissioner, Gurugram.

3. The Deputy Commissioner must conduct a detailed audit of PRCA’s functioning from its inception, to be completed within three days of this order.

4. The Deputy Commissioner shall ensure proper management of PRCA and address bona‑fide grievances of all residents in accordance with law, similar to a Residents Welfare Association.

5. The Court, unable to form a definitive opinion on the road encroachment and gate width issues, directs that on 23‑07‑2026 at 09:00 hrs the concerned area(s) be video‑graphed and photographed in the presence of the parties.

6. An investigation is ordered to determine: (a) whether all occupants have permanent electric connections and are linked to the common backup/generator system; (b) whether transformers installed at DLF’s requisition are of adequate capacity; (c) whether a fully functional permanent sewage arrangement exists for the entire campus.

7. For items 5 and 6, a inspection team shall comprise officers of the Government of Haryana (Power and Public Health Engineering Departments), the petitioners and their representatives, DLF representatives, and Mr. Saurav Gupta, SP, CBI, along with his team. Haryana Fire and Emergency Services officials shall also attend to verify compliance with fire‑safety statutes for the complex and individual flats.

8. The inspection will commence on 23‑07‑2026 at 09:00 hrs and may extend to 24‑07‑2026 if required; costs of inspection are to be borne by the Government of Haryana. Coordination and logistics shall be handled by Mr. Saurav Gupta, SP, CBI.

9. A further list (hearing) is scheduled for 28‑07‑2026 at 14:30 hrs.

10. Paragraph 16 of the Court’s order dated 25‑02‑2026 remains operative; the present order does not foreclose any submissions by DLF or any other entity.

11. After the order was dictated, counsel for the PRCA prayed for reconsideration of the supersession order. The Court, having considered the prayer, keeps the directions in Paras 1, 2, and 3 in abeyance for the present.

Final Outcome

  • The PRCA is temporarily superseded, with its premises taken over by Gurugram police and administration transferred to the Deputy Commissioner.
  • An immediate audit of PRCA’s operations is mandated.
  • A two‑day on‑site inspection (23‑24 July 2026) is ordered to resolve factual disputes regarding road encroachment, electrical infrastructure, sewage systems, and fire‑safety compliance, involving Haryana authorities and the CBI.
  • Further hearing set for 28 July 2026; earlier February 2026 order remains effective, but the supersession directions are held in abeyance pending the inspection.

Topics: Real Estate, Resident Welfare Association, Court Order