SC Says Developers Must Deliver as Promised in Brochures

• SC flags major deviation at DLF The Primus in Gurugram.
• A planned 24-metre road is missing across significant portions of the project.
• Court warned of further orders if the project is not brought into compliance.

The Supreme Court has made it clear that real estate developers are expected to deliver projects in line with the commitments shown in their brochures and approved plans. The observation came during proceedings concerning DLF Home Developers’ The Primus residential project in Gurugram, where the court found substantial deviations from the original project layout.

The issue centres on a 24-metre-wide road that was shown in the project’s original plan and brochure. According to the material examined by the court, significant portions of the planned road are no longer functioning as a road. The matter has gained importance because the court has previously given opportunities to rectify the deviation but found that the project had still not been brought into conformity.

The bench comprising Justices Ahsanuddin Amanullah and R Mahadevan took a firm view of the situation. The court described the deviation as substantial rather than minor and said it could pass appropriate orders if the project was not brought in line with the representations made in the brochure by the next hearing. The court also criticised Haryana government officials over issues relating to the land required for the road.

The latest proceedings followed a CBI preliminary fact-finding exercise ordered by the Supreme Court. The investigation examined the road issue along with other complaints concerning compliance and alleged irregularities at the project.

Based on maps, photographs and other documents, the CBI report indicated that the road was not present within the project in the manner shown in the original plan. The court noted that of the 147-metre stretch designated for the road, around 52 metres has been developed as a green area. Another sizeable portion that retains the appearance of a road is reportedly being used for parking by residents and visitors.

As a result, around 100 metres of the planned stretch—nearly two-thirds of its total length—is either a green patch or being used for parking, according to the court’s observations.

The Supreme Court expressed dissatisfaction with the continued deviation despite providing repeated opportunities to address the issue. The bench questioned why the project had not yet been restored to the configuration represented to prospective buyers.

The court also raised concerns regarding the Haryana government’s handling of the land-related issues connected with the road. Separately, it expressed displeasure over the lack of effective action to address obstacles concerning elections for the residents’ welfare association.

DLF Home Developers was contacted for its response on the matter but had not responded by the time of publication.

The proceedings underline the importance of project brochures, layouts and representations made during property sales. For homebuyers, the case reinforces the principle that features presented as part of a project—particularly those relating to roads, open spaces and common infrastructure—can carry significant legal and contractual implications.

For developers, the observation is a reminder that changes made after sales or during project execution may face scrutiny if they materially depart from what was represented to buyers.

The Supreme Court is expected to review whether the deviations at The Primus have been addressed by the next hearing. If the project is not brought into conformity with the original representations, the bench has indicated that it may pass further orders.

The case could also have wider implications for disputes involving project brochures, promised amenities and approved layouts, particularly where homebuyers allege that the completed development differs substantially from what was represented when they purchased their homes.

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