Swarnpreet Kaur & Anr. vs DLF Home Developers Ltd. & Ors. - 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.

 SCI (2026.08.18) in Swarnpreet Kaur & Anr. vs DLF Home Developers Ltd. & Ors. [Civil Appeal No. 8049/2023 & other Appeals] held that;

• 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.

Excerpts of the Order; 

Heard learned Senior Counsel/Counsel for the parties.

# 2. A Status Report dated 03.08.2026 has been submitted on behalf of the Central Bureau of Investigation (CBI) by Mr. Saurabh Gupta, IPS, Superintendent of Police, CBI, who was entrusted with conducting an exercise in terms of the order of this Court dated 21.07.2026.

# 3. The report called for was essentially a fact-finding exercise. As per the report, the focus of the exercise was to ascertain whether a 24-metre-wide road, which cuts across the DLF Primus Gurugram project, was in fact being maintained as a road or whether its nature had been altered in any manner. From the material placed before us including the maps and photographs, there is no dispute that the 24-metre-wide road, which was to cut across the entire project, does not exist as such within the project, and portions thereof are being used either for parking or have been developed as a green track.

# 4. 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 deviation is not minor but substantial, inasmuch as, out of the 147-metre stretch earmarked for the 24-metre-wide road, a stretch of about 52 metres has been developed as a green patch, while another substantial area, almost of an equivalent extent, as appears from the photographs, though retaining the appearance of a plain road structure, is being used for parking by the residents and visitors. 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.

# 5. 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.

# 6. The stand of the Fire Department, as reflected in the report submitted on its behalf, indicates that the project satisfies the prescribed fire safety standards.

# 7. We have also heard one of the respondents, who joined the proceedings in person through virtual mode.

# 8. Mr. Saurabh Gupta, IPS, Superintendent of Police, CBI, draws our attention to the previous order dated 21.07.2026, by which he was granted two months’ time to submit a report after conducting a Preliminary Enquiry (PE). He further submits that the conduct of the PE would be facilitated if additional manpower is made available to him for its expeditious completion.

# 9. Having considered the matter in its entirety, and keeping in view that the CBI has already been granted time to complete the PE and submit its report, we are inclined to adjourn the matter to await the final report. The Director, CBI, is accordingly requested to assign two additional Inspectors to assist Mr. Saurabh Gupta in 

# 10. We are also not satisfied with the conduct of the State of Haryana and its officials in the matter, both with regard to the acquisition of the approximately 100- metre portion of land required for the 24-metre-wide road to connect the project with the 60-metre Sector Road, and with regard to the failure to take effective steps to overcome the impediments and bring to an end any pending litigation that may be coming in the way of holding elections to the Residents Welfare Association. 

# 11. Accordingly, taking a holistic view of the entire matter and by way of an extraordinary indulgence, the matters be listed on 12.10.2026 at 3.00 p.m.

# 12. The Status Report dated 03.08.2026 filed on behalf of the CBI shall be supplied to the parties.

# 13. 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.

 

# 14. In the meantime, Mr. Lokesh Sinhal, learned Senior Additional Advocate General for the State of Haryana, as also the concerned respondents, shall file detailed responses to the affidavits filed on behalf of the private parties. Such responses shall also disclose the steps taken generally to ensure that all constructions are henceforth carried out strictly in accordance with the provisions of the relevant statutes.

# 15. Before concluding, we clarify that the CBI shall not be influenced or prejudiced by anything that may have transpired, or by any observations made, during the course of these proceedings. Any such observations were only intended to sensitize the parties to the seriousness of the issues involved. The CBI shall, therefore, conduct the PE objectively and independently.

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