Gurgaon: Punjab and Haryana high court has extended till Sept 25 its interim direction barring further allotments in Oberoi 360 North in a case involving Advance India Projects (AIPL).Oberoi 360 North, the luxury housing project in Sector 58, is being developed by Oberoi Realty. The order was passed on Sept 16 by a division bench of Justices Rajesh Bhardwaj and Puja Chopra.The court continued its earlier interim direction of July 7 and directed that the protection would remain in force until the next date of hearing, which is listed for Sept 25. The July 7 order had directed the DTCP director to decide AIPL’s representation after hearing the stakeholders.The original dispute pertains to the licence granted for Oberoi 360 North housing project. AIPL’s petition has raised allegations concerning the transfer of development rights, licences and FDI-related issues. The broader litigation concerns the development and regulatory approvals relating to the project. However, these are allegations made by the petitioner and should not be treated as findings of the court.The latest order follows the department of town and country planning (DTCP) passing an order on Aug 13 on a representation filed by AIPL. The DTCP director had rejected AIPL’s representation. AIPL contested this, saying it was not in consonance with directions issued by HC.During the hearing in court, AIPL submitted that the rights of various existing allottees and prospective allottees were involved and sought continuation of the direction restraining further allotments.The respondents — DTCP and others — opposed continuation of interim protection. Their counsel submitted that AIPL had an alternative remedy to challenge DTCP order and contended that the Aug 13 order was not even challenged in the appropriate manner.The HC order itself does not record any finding of violation by Oberoi Realty or hold that the project has breached FDI or other laws. It is limited to continuation of the no-further-allotment direction while the court deals with the proceedings following DTCP’s Aug 13 order.AIPL, which has cited a March 2021 memorandum of understanding claiming rights to develop and market the project, has challenged licence no 69 of 2025 and the subsequent transfer of the development licence, raising issues relating to Haryana Development and Regulation of Urban Areas Act, 1975, FDI policy and other statutory provisions. The petitioner has also raised objections concerning the land, licence and transfer of development rights associated with the project. Oberoi Realty, however, has contested these allegations and maintained that there was no violation of the FDI policy or applicable law.
