The Delhi High Court recently issued summons to Ramacivil India Construction Private Limited, the contractors who constructed the Green View project at sector 37-D, Gurugram which has been declared unfit for human habitation..Justice Yogesh Khanna passed the order on June 1 on a suit filed by National Buildings Construction Corporation (NBCC) seeking damages of ₹750 crores from the firm. The Bench directed Ramacivil to file its reply by July 27 when the matter will be next heard.The Court was told that the firm was involved in construction of the RCC-structure of the NBCC's Green View project. However, very soon, the structure began to show characteristics of a dangerous building which was also confirmed on comprehensive testing by CSIR-CBRI & IIT-Roorkee. It was stated that there can beno compromise on human safety and the occupants of the building have been evicted due to safety concerns. Many photographs of the fallen concrete chunks were also placed on the Court file. .According to a report by The Times of India, the NBCC Green View projects was launched in the year 2010 and is spread across an area of over 18 acres. It has 784 flats and 139 apartments for the Economically Weaker Sections (EWS). Around 260 flats were sold by the developer but in the year 2021, IIT-Delhi pointed out several defects in the building and deemed it "unfit to live"..NBCC also sought exemption from going through the pre-institution mediation stating that suit for recovery has arisen in the most unusual circumstance and the core question is of risk to human life on which there can be no mediation.The Court, therefore, allowed the request.“Considering the photographs filed on record depicting the dilapidated condition of building and since it poses a serious threat to human habitation, even to the passerbys and to the structures erected nearby, viz. a school andalso in view of urgent prayers made in this applications, pre-mediation in these circumstance would not serve any purpose as there is nothing to mediate in view of prayers qua demolition and considering the condition of building, thus the application is allowed. The plaintiff herein is allowed to file the suit without pre institution mediation,” Justice Khanna said..Senior Advocate Dr Arun Mohan along with advocates Vipul Ganda, Arvind Bhatt, Ritika Choubey, Swastika Singh, Amodini Raina, Abhipsa Mohanty and Snigdha Pal appeared for the NBCC.Ramacivil was represented through Senior Advocate Jayant Mehta and advocates Shivanshu Kumar, Abhishek Rautji, Srikanth Varma.Advocate Abhimanyu Bhandari appeared for Defendant No. 2.Advocate Vivek Singh appeared for Defendant No 14..[Read Order]
The Delhi High Court recently issued summons to Ramacivil India Construction Private Limited, the contractors who constructed the Green View project at sector 37-D, Gurugram which has been declared unfit for human habitation..Justice Yogesh Khanna passed the order on June 1 on a suit filed by National Buildings Construction Corporation (NBCC) seeking damages of ₹750 crores from the firm. The Bench directed Ramacivil to file its reply by July 27 when the matter will be next heard.The Court was told that the firm was involved in construction of the RCC-structure of the NBCC's Green View project. However, very soon, the structure began to show characteristics of a dangerous building which was also confirmed on comprehensive testing by CSIR-CBRI & IIT-Roorkee. It was stated that there can beno compromise on human safety and the occupants of the building have been evicted due to safety concerns. Many photographs of the fallen concrete chunks were also placed on the Court file. .According to a report by The Times of India, the NBCC Green View projects was launched in the year 2010 and is spread across an area of over 18 acres. It has 784 flats and 139 apartments for the Economically Weaker Sections (EWS). Around 260 flats were sold by the developer but in the year 2021, IIT-Delhi pointed out several defects in the building and deemed it "unfit to live"..NBCC also sought exemption from going through the pre-institution mediation stating that suit for recovery has arisen in the most unusual circumstance and the core question is of risk to human life on which there can be no mediation.The Court, therefore, allowed the request.“Considering the photographs filed on record depicting the dilapidated condition of building and since it poses a serious threat to human habitation, even to the passerbys and to the structures erected nearby, viz. a school andalso in view of urgent prayers made in this applications, pre-mediation in these circumstance would not serve any purpose as there is nothing to mediate in view of prayers qua demolition and considering the condition of building, thus the application is allowed. The plaintiff herein is allowed to file the suit without pre institution mediation,” Justice Khanna said..Senior Advocate Dr Arun Mohan along with advocates Vipul Ganda, Arvind Bhatt, Ritika Choubey, Swastika Singh, Amodini Raina, Abhipsa Mohanty and Snigdha Pal appeared for the NBCC.Ramacivil was represented through Senior Advocate Jayant Mehta and advocates Shivanshu Kumar, Abhishek Rautji, Srikanth Varma.Advocate Abhimanyu Bhandari appeared for Defendant No. 2.Advocate Vivek Singh appeared for Defendant No 14..[Read Order]