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The bone of contention had been the industrial unit— Deepak Chemicals — due to which the change of land use (CLU) given to Omaxe was cancelled. But now the same has been purchased by the housing builder.
Putting an end to the litigation, Omaxe filed an application seeking withdrawal of the petition which it had filed in the Punjab and Haryana High Court. A Division Bench headed by Chief Justice Vijender Kumar Jain allowed it to be withdrawn. This means that the Punjab Pollution Control Board will now have to reconsider its decision of cancelling the CLU to Omaxe, which was done on the ground that the housing society was coming up next to an industrial unit —Deepak Chemicals.
But now that the chemical unit’s land has been purchased by Omaxe, the reason behind the cancellation becomes null. “It is for the Punjab government to reconsider their decision of the CLU. As far as the legalities are concerned, they have been done away with,” said the counsel appearing for Omaxe.
Out of the total flats, 452 have already been booked and 60 per cent construction stands completed. Since the High Court had refused to grant stay on the cancellation of CLU by the Punjab government, the entire construction had to be stopped.
In its withdrawal petition, Omaxe submitted, “The land and building of industrial unit under the name and style of Deepak Chemicals has been purchased by the company. The unit is lying closed now and the building is currently in possession of the company. The plant and machinery had already been removed by seller. The sole ground for revocation of NOC and consequential cancellation of CLU stands eroded; the petition be rendered in fructuous.”
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