The Gurugram district and Sessions court has turned down the anticipatory bail plea of the director of M/s Ansal Housing and Construction Limited in a case pertaining to advertising and selling of a residential project without having a valid licence and approved building plans.
The accused also faces charges of cheating and criminal breach of trust under the IPC. Rejecting the bail plea, Sessions Judge Ravi Kumar Sondhi said accused Kushagar Ansal should have waited for the transfer of licence in his company’s name before proceeding and seeking money from the buyers, but he wanted to have “his cake and eat it too, which is not permissible under the law”.
A licence was originally granted to two builders for developing an around 10-acre residential colony in Sector 92 in 2010 and the building plan was approved on May 30, 2012 in the name of one of them. The licence was transferred to Ansal Housing and Construction Private Limited on July 15, 2013, but the company advertised the project and sold the units prior to this in violation of Sections 3,7 and 10 of the Haryana Development and Regulations of Urban Areas Act, 1975.
Mr. Ansal, through his counsel, argued that some of the violations made were compoundable and he had already approached the authorities for it. Public Prosecutor Anurag Hooda said the moot fact was that the accused issued allotment letters to complainants despite having no right to claim ownership of the licence and being aware of all violations.