Subhechcha Ganguly 
In a landmark judgment, the Punjab and Haryana High Court has directed the Mohali Deputy Commissioner to auction unsold plots belonging to developer Jarnail Singh Bajwa and use the proceeds to develop basic infrastructure in Sunny Enclave, Kharar. The order comes in response to multiple petitions filed by homebuyers and Resident Welfare Associations (RWAs), who alleged the absence of essential civic amenities in the 350-acre township.
A division bench comprising Justice Sureshwar Thakur and Justice Vikas Suri passed the directive while hearing a batch of pleas from the New Sunny Enclave Residents Social Welfare Association, other RWAs, and individual allottees. The petitioners claimed that despite purchasing plots and homes over the past 15-20 years, they continue to face severe hardships due to the lack of roads, drainage systems, electricity, and parks.
The affected areas include sectors 117, 120, 123, and 124 across the villages of Jandpur, Manana, Sihampur, and Hassnapur. Once billed as one of the largest residential projects in the tricity, Sunny Enclave has fallen short on its infrastructure commitments, according to the petitioners.
Advocate Sameer Sachdeva, representing the residents, stated that thousands of allottees were left in the lurch as the developer failed to meet infrastructure obligations despite selling a large number of plots.
To ensure accountability and timely execution, the court has directed the chief secretary to constitute a special cell comprising three auditors. This cell will evaluate the pending development work, estimate costs, and monitor fund utilization. The Greater Mohali Area Development Authority (GMADA) has been tasked with carrying out the construction, with a strict four-month completion deadline.
The bench dismissed the developer’s argument that aggrieved buyers should approach the Real Estate Regulatory Authority (RERA), terming it an “elongated remedy” that would unnecessarily prolong the residents’ ordeal. The court emphasized the urgency of the matter and noted that in some instances, the developer had previously given an undertaking that GMADA could complete the pending work in exchange for vacant plots.
Additionally, the court ruled that any funds remaining after the development work must first be used to clear the developer’s outstanding government dues. Any further surplus may be released to the developer only thereafter.
The court has also restrained authorities from approving any new projects by the developer until the pending works in Sunny Enclave are fully completed.
