Punjab and Haryana High Court pulls up Bajwa Developers for poor amenities at New Sunny Enclave

Indian Express

18-05-2025

The Punjab and Haryana High Court has ordered firm action against Bajwa Developers Ltd. for failing to meet basic infrastructure commitments in a mega housing project in New Sunny Enclave, Kharar. The court has also directed the Greater Mohali Area Development Authority (GMADA) and Punjab State Power Corporation Limited (PSPCL) to resolve the electricity supply issues faced by residents.
The order, passed earlier this week by Justice Sureshwar Thakur, came in a batch of six connected petitions filed between 2021 and 2023. The petitions were filed by the New Sunny Enclave Residents Social Welfare Association and several individual homeowners, who alleged that the developer had failed to comply with previous court directions and sought that the authorities take over the project.
Developer failed to meet NOC conditions: Court
A key issue in the case was the developer's failure to comply with the terms of a No Objection Certificate (NOC) issued by PSPCL in 2017. In an affidavit filed by Taranjeet Singh, Senior Executive Engineer at PSPCL, the court was told: 'The Developer has failed to comply with the terms of the aforementioned No Objection Certificate (NOC)… Furthermore, the Developer has not applied for a new/revised NOC to date.'
Due to this non-compliance, permanent electricity connections have not been provided to many homes in the area. During a site inspection in March 2025, PSPCL found that six 500 KVA transformers had been erected without official seals and that work on high and low tension lines was still in progress.
Justice Thakur observed that the existing infrastructure was already overloaded. 'Unless additional land for installation of the requisite infrastructure is released in favour of PSPCL… electricity connections may not be amenable to become released,' the order stated.
Unsold land to be used for infrastructure, auction ordered
The court referred to records indicating that two acres of land owned by Bajwa Developers remain unsold. It directed that this land be used to set up the required power infrastructure for the colony. Further, the land and plots hypothecated by Bajwa Developers with GMADA will now be auctioned by the district collector within one month of the order to raise funds for pending works.
In a major move, the court handed over responsibility for completing all basic amenities—both external and internal development works—to a team headed by the Chief Secretary of Punjab, along with two auditors from the Comptroller and Auditor General (CAG), Chandigarh. The team has been tasked with surveying the colony to assess the extent and cost of unfinished work. All the basic amenities that were originally to be provided by Bajwa Developers, as per the licence issued to them, will now be completed by this committee.
GMADA, PSPCL also held accountable
The court noted that GMADA and PSPCL were responsible for ensuring infrastructure under the NOC issued in 2017. 'As per Clause 3 and Clause 4 of the issued NOC… GMADA was responsible for bearing all costs associated with the 66 kV Grid Sub-station, 66 KV Transmission Line, 11 KV Line, and related infrastructure.' However, the court pointed out that neither GMADA nor the developer had provided the required land for these installations.
The petitioners were represented by advocates Deepak Goyat, Ashwani Talwar, and Rakesh Dhiman. Senior advocates Anu Chatrath (for GMADA and PSPCL) and Baltej Singh Sidhu (for Bajwa Developers) appeared for the respondents.
Residents see hope after long delay
The ruling is being seen as a relief for hundreds of residents who have faced prolonged delays and unreliable services. PSPCL has said it will provide permanent electricity connections 'as and when revised NOC is sought by the Builder, and the terms and conditions incorporated in the said NOC are complied with'.