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2018 Supreme(SC) 1423
SUPREME COURT OF INDIA
Arun Mishra, Uday Umesh Lalit, JJ.
Bikram Chatterji - Appellant
Versus
Union Of India - Respondent
Writ Petition (Civil) Nos. 940 of 2017, IA No. 5158 of 2018, IA No. 135815 of 2017, IA No. 140265 of 2017, IA No. 140269 of 2017, IA No. 6603 of 2018, IA No. 6855 of 2018, IA No. 6608 of 2018, IA No. 25020 of 2018, IA No. 7365 of 2018, IA No. 14759 of 2018, IA No. 27653 of 2018, with W.P.(C) No. 1018 of 2017 (X), IA No. 124191 of 2017, IA No. 124195 of 2017, IA No. 125372 of 2017, IA No. 126340 of 2017, IA No. 7355 of 2018, IA No. 19415 of 2018, W.P.(C) No. 971 of 2017 (X), IA No. 102714 of 2017, W.P.(C) No. 947 of 2017 (X), IA 100453 of 2017, IA No. 6312 of 2018, W.P.(C) No. 1041 of 2017 (X), IA No. 109963 of 2017, IA No. 25742 of 2018, W.P.(C) No. 1144 of 2017 (X), IA 124701 of 2017, W.P.(C) No. 1116 of 2017 (X), IA No. 6467 of 2018, IA No. 16303 of 2018, IA No. 25807 of 2018, W.P.(C) No. 1156 of 2017 (X), IA No. 7144 of 2018, IA No. 26102 of 2018, IA No. 26108 of 2018, W.P.(C) No. 1206 of 2017 (X), IA No. 135678 of 2017, W.P.(C) No. 1242 of 2017 (X), IA No. 25205 of 2018, W.P.(C) No. 21 of 2018 (X), W.P.(C) No. 74 of 2018 (X), W.P.(C) No. 91 of 2018 (X), IA No. 26117 of 2018, W.P.(C) No. 57 of 2018 (X), W.P.(C) No. 56 of 2018 (X), IA No. 12210 of 2018, IA No. 26128 of 2018, W.P.(C) No. 58 of 2018 (X), IA No. 12323 of 2018, IA No. 26123 of 2018, W.P.(C) No. 52 of 2018 (X), W.P.(C) No. 131 of 2018 (X), IA No. 25109 of 2018, W.P.(C) No. 134 of 2018 (X), IA No. 27092 of 2018, W.P.(C) No. 160 of 2018 (X), W.P.(C) No. 182 of 2018 (X), W.P.(C) No. 164 of 2018 (X) with W.P.(C ) No. 246 of 2018, W.P.(C) No. 226 of 2018, W.P.(C) No. 942 of 2017 (PIL(W)
Decided On : 27-03-2018
Mr. M.L. Lahoty, Advocate, Mr. Paban K. Sharma, Advocate, Mr. Anchit Sripat, Advocate, Ms. Ishita Bisht, Advocate, Mr. Himanshu Shekhar, Advocate, Mr. Jamnesh Kumar, Advocate, Mr. Abhinav Jain, Advocate, Mr. Himanshu Shekhar, AOR, Mr. Jamnesh Kumar, Advocate, Mr. Himanshu Shekhar, AOR, Mr. Ajit Kumar Sinha, Senior Advocate, Mr. Ashwarya Sinha, AOR, Mr. Shwetabh Sinha, Advocate, Ms. Nitya Ramakrishnan, Advocate, Ms. Priyanka Rao, Advocate, Mr. Shadan Farasat, AOR, Ms. Rudrakshi Deo, Advocate, Ms. Sunena, Advocate, Mr. D.K. Garg, Advocate, Mr. Abhishek Garg, Advocate, Mr. Dhananjay Gasrg, Advocate, Mr. Deepak Mishra, Advocate, Mr. Rahul Agarwal, Advocate, Mr. R.P. Bansal, Advocate, Ms. Chandan Ramamurthi, AOR, Mr. R. Sathish, AOR, Mr. Mohan Das K.K., Advocate, Mr. Rajesh Kumar, Advocate, Ms. S. Geetha, Advocate, Ms. Smitha Rani, Advocate, Ms. Sonia Vasudev, Advocate, Mr. Sayaree Basu Mallik, AOR, Mr. Vivek Narayan Sharma, AOR, Mr. Sidharth Mahajan, Advocate, Mr. Ajay Singh, Advocate, Mr. Shubham Awasthi, Advocate, Mr. Maneesh Pathak, Advocate, Mr. Rajeev Kumar Jha, Advocate, Mr. Rameshwar Prasad Goyal, AOR, Mr. Prithvi Pal, AOR, Mr. C.P. Yadav, Advocate, Mr. Rajeev Lochan, Advocate, Mr. Shovan Mishra, AOR, Mr. Raj Kamal, AOR, Mr. BNS Marok, Advocate, Mr. Bhaskar Aditya, Advocate, Ms. Anjana Prakash, Senior Advocate, Mr. Gopal Jha, AOR, Mr. C.K. Mandal, Advocate, Ms. Anjana Prakash, Senior Advocate, Mr. Shishir Pinaki, Advocate, Mr. Raj Kamal, Advocate, Mr. Sukant Vikram, Advocate, Mr. C.U. Singh, Senior Advocate, Mr. M.S. Vishnu Sankar, Advocate, Ms. Athira G. Nair, Advocate, Mr. Sriram P., Advocate, Ms. Usha V. Nandini, Advocate, Mr. C.U. Singh, Senior Advocate, Mr. J. Mehta, Advocate, Mr. Mukesh Kumar, Advocate, Ms. Divya Roy, Advocate, Mr. Akash Nagar, Advocate, Mr. Siddhartha Jha, Advocate, Mr. Jasbir Singh Nagar, Advocate, Mr. Sinha Shrey, Advocate, Mr. Sumit Sinha, Advocate, Mr. V.N. Sinha, Senior Advocate, Mr. Sandeep Jha, Advocate, Mr. Ram Ekbal Roy, Advocate, Mr. Prinay Kr. Das, Advocate, Mr. Vijay Kumar, Advocate, Mr. Thomas Oommen, Advocate and Mr. Aniruddha P. Mayee, Advocate, For the Petitioners; Mr. Jairaj Mudgal, Advocate, Mr. Riddhi Bose, Advocate and Mr. Raj Kishore Choudhary, Advocate, For the Applicant; Mr. Ranjit Kumar, Senior Advocate, Mr. Gaurav Bhatia, AOR, Mr. Utkarsh Jaiswal, Advocate, Mr. Abhishek Singh, Advocate, Mr. Anuroop Chakravarti, Advocate, Mr. Ravindra Kumar, AOR, Mr. Achyut Saxena, Advocate, Mr. Ajay Kumar Jain, Advocate, Mr. Rabin Majumder, AOR, Ms. Srishti Kapoor, Advocate Intervenor Mr. Akhilesh Kumar Pandey, AOR, Mr. Brahma Kumar Pathak, Advocate, Mr. Gaurav Goel, AOR, Mr. Bishwajit Dubey, Advocate, Ms. Srideepa Bhattaacharyya, Advocate, Mr. Manpreet Lamba, Advocate, For M/s. Cyril Amarchand Mangaldas, AOR, Mr. Ashwarya Sinha, AOR, Mr. P. Dobhal, Advocate, Ms. Saloni Tangri Jawa, Advocate, Mr. V. Giri, Senior Advocate, Mr. Kunal Mimani, Advocate, Mr. Dheeraj Nair, Advocate, Mr. P.B. A. Srinivasan, Advocate, Mr. Amand Gupta, Advocate, Ms. Vidhi Gupta, Advocate, Ms. P. Tondon, Advocate, Impleading Party Mr. Vishnu Sharma, AOR, Ms. Anupama Sharma, Advocate, Ms. Sonali Negi, Advocate, Ms. Goutami Budhapriya, Advocate, Mr. Gourab Banerji, Senior Advocate, Mr. Manmeet Singh, Advocate, Mr. S.S. Ray, Advocate, Ms. Rakhi Ray, AOR Mr. Anshul Tyagi, Advocate, Mr. Prithvi Sidhu, Advocate, Ms. Saloni Sharma, Advocate, Mr. Anuragh Robin Frey, Advocate, Ms. Geetanjali Shani, Advocate, Mr. Sahil Tagotra, Advocate, Ms. Rekha Chatterjee, Advocate, Ms. Subhro Mukjherjee, Advocate, Mr. P.S. Narasimha, ASG, Mr. Vikramjeet Banerjee, Senior Advocate, Ms. V. Mohana, Senior Advocate, Mr. S.S. Shamsherry, Advocate, Mr. Mukul Singh, Advocate, Mr. Mukesh Kumar Maroria, AOR, Mr. Ranjit Kumar, Senior Advocate, Mr. Gaurav Bhatia, AOR, Mr. Utkarsh Jaiswal, Advocate, Mr. Abhishek Singh, Advocate, Mr. Anuroop Chakravarti, Advocate, Mrs. Anil Katiyar, AOR, Mr. Subodh K. Pathak, Advocate, Ms. Prinita Shekhar, Advocate, Mr. Pawan K. Sharma, Advocate, Mr. Shashi Ranjan, Advocate, Mr. Dharmendra Kumar Sinha, AOR, Mr. Anoop Prakash Awasthi, Advocate, Mr. Sukant Vikram, Advocate, Mr. A. Ankit, Advocate, Mr. Apurv Chandola, Advocate, Mr. Anshumaan Sahni, Advocate, Mr. Sumant Batra, Advocate, Ms. Honey Satpal, Advocate, Mr. Rajesh Kumar Gupta, Advocate, Mr. Ranjit Kumar, Senior Advocate, Mr. Alok K. Agarwal, Advocate, Mr. Dhruv Gandhi, Adv, Ms. Rati Tandan, Advocate, Mr. Gaurav Goal, Advocate, Mr. Alok Kumar, Advocate, Mr. Somya Yadav, Advocate, Mr. Siddhant Tripathi, Advocate and Mr. Kumar Mihir, Advocate, For the Respondents
The court emphasized the importance of detailed reports on deficiencies and requisites for completion before the issuance of completion certificates in real estate projects.
Headnote:
ORDER - Impleadment - Summary of Acts and Sections: The court discussed the deficiencies in various real estate projects and directed the authorities to submit inspection reports specifying the deficiencies and requisites to be completed before the issuance of completion certificates. The court also directed the builders to submit their opinion and the money required for completion. The court requested the Resolution of Professionals of Amrapali Group not to proceed further until further orders.
Fact of the Case:
The court discussed the deficiencies in various real estate projects and directed the authorities and builders to submit reports and opinions on the completion of the projects.
Finding of the Court:
The court directed the concerned authorities and builders to submit detailed reports and opinions on the completion of the real estate projects.
Issues: Deficiencies in real estate projects, completion certificates, and arrangements for completion.
Ratio Decidendi: The court emphasized the need for detailed reports on deficiencies and requisites for completion before the issuance of completion certificates.
Final Decision: The court directed the authorities and builders to submit detailed reports and opinions on the completion of the real estate projects and requested the Resolution of Professionals of Amrapali Group not to proceed further until further orders.
ORDER
1. All the Impleadment applications are allowed to the extent of intervention only.
2. W.P. No. 245/2018 and D. No. 11200 of 2018 be tagged with the instant matters. Heard learned counsel for the parties and perused the note that has been submitted by Sh. M.L. Lahoti, learned counsel, pursuant to the direction of this court dated 15th March, 2018. Schedule of Joint Site Inspection has been submitted. It appears that 14 projects have been inspected. No inspection could take place with respect to two projects. The categorisation has been made in the note with respect to Projects in three categories, namely:
A. Projects where possession (partial) though given but various deficiencies exist.
B. Projects where some of the Towers are at advanced stage of construction and can be handed over possession shortly.
C. Projects at nascent stage of construction.
3. Details have been given of deficiencies of the projects where possession (partial) has been given but various deficiencies exist (Category 'A'). Deficiencies have also been pointed out in detail as against each and every building, they are:
| Sl. No | Project Name Total | Tower & Units | Possession given to units | Possession yet to be given | Deficiencies | Amount required |
| 1. | Amrapali Sapphire - I, Sector 45, Noida (W.P. No. 182 of 2018) | 11 Towers & 1,030 Units | 950 Units (according to builder possession is given to 1000 units, though this information is not available with Apartment Owner's Association) | 80 Units | 1. Fire fighting system is incomplete and not operational. | Approximately Rs. 10 crores. |
| 2. | Amrapali Zodiac, Sector 120, Noida (W.P. No. 245 of 2018) | 22 Towers & 2217 Units | 1650 Units | 567 Units (Tower Q & R comprising of total 182 Units are not ready and no possession is given) | 1. Firefighting system - Except for Towers G, H, S & T firefighting system in all Towers is incomplete and not operational. | Approximately Rs. 80 Crores. |
| 3. | Amrapali Eden Park, Sector 50, Noida (W.P. No. 21 of 2018) |
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