Bikram Chatterji vs Union of India - 2021 Supreme(SC) 301

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 301

SUPREME COURT OF INDIA
Uday Umesh Lalit, Ashok Bhushan, JJ.
Bikram Chatterji & Ors. - Petitioners
Versus
Union of India & Ors. - Respondents
I.A. NO.168186 OF 2018, I.A. NO. 109882 OF 2020, I.A. NO.114865 OF 2020, I.A. NO.153341 Of 2019, I.A. NO.120307 Of 2020, I.A. NO.123299 OF 2020 AND I.A. NO. 6397 OF 2021 (IN RE.: LA-RESIDENTIA PROJECT) IN WRIT PETITION (CIVIL)NO. 940 OF 2017
Decided On : 29-06-2021

Advocates appeared:
For the Parties:R. Venkataramani, Court Receiver Pavan Aggarwal, Forensic Auditor Ravinder Bhatia,Forensic Auditor Ravindra Kumar, M. L. Lahoty, Paban K Sharma, Anchit Sripat, Himanshu Shekhar, Vikramjit Banerjee, ASG Mukul Singh, Adv Vibhu Shankar Mishra, B.V. Balram Das, Parag Tripathi, Sr. Adv Joy Basu Kanak Bose Varun Sarin Mishika Bajpai Ashok Mathur, Gopal Sankaranarayanan, Raj Kamal, Maheen Pradhan, Aseem Atwal, Kartavya Batra, Avish Bhati, Mohit Chaudhary, Puja Sharma, Kunal Sachdeva, Chowdhary Zulfkar Ali, Garima Sharma, Vardhan Gupta, Paras Mithal, Parveen Kumar, For M/s. Kings And Alliance LLP , Sunita Yadav, Abhigya Kushwah, Siddharth Rajkumar Murarka, Pradeep Kumar Dubey, Anamika Kushwaha, Nandita Rao, Shashank Shekhar, Mahija Reddy, K.N. Agnihotri, Virender Arora, Sanjay Kapur, Megha Karnwal, V M Kannan, Arjun Bhatia, Lalit Rajput, Yajur Bhalla, Vijay Kumar Diwedi, A khilesh Kumar Pandey, Ashish Bajpayee, Deepak Samota, Shubham Bhalla, R.K Awasthi, Prashant Kumar, Ritu Arora, Piyush Vatsa, Santosh Kumar-I, Vipul Ganda, Vishal Ganda, Satyajit A. Desai, Satya Kam Sharma, Saransh Kothari, Anagha S. Desai, Pradhuman Gohil, Taruna Singh Gohil, Ashish Kabra, Mohammad Kamran, Ranu Purohit, Tanya Srivastava, Jasleen Bindra, Divyakant Lahoti, Parikshit Ahuja, Praveena Bisht, Madhur Jhavar, Vindhya Mehra, Kartik Lahoti, Shivangi Malhotra, Dharmendra Kumar Sinha, Amit Sinha, Subodh Kr.Pathak, Sunil Rai, Richa Kapoor Kunal Anand, Shalya Agarwal, Surabhi Katyal Manoj V George, Ranjit Philip, Bhavika, Shilpa Liza George Syed Mehdi Imam, Mohd Parvez Dabas, Uzmi Jameel Husain, Mohd. Aamir Dubas, Jasmine Damkewala, Pallav Mongia, Vaishali Sharma, Dinesh Chander Trehan, Bishwajit Dubey, Srideepa Bhattacharyya, Manpreet Lamba, M/s. Cyril Amarchand Mangaldas, Janender Kumar Chumbak, Radhika, Amita Singh Kalkal, Niraj Gupta, Md. Fuzail Khan, Anshu Gupta, Dheeraj Nair, Kislay Kumar, Vishrutyi Sahni, Vaibhav Luthra, Mithu Jain Shreyan Das, Rajesh P., Rahul Malhotra, Himanshi Madan, Devendra Kumar Sing, Karunakar Mahalik, Sonam Gupta, Anurag Tandon, Anuj Bhandari, Disha Bhandari, Shobha Gupta, Medha Garg, Nirmal Kumar Ambastha, Ashmita Bisarya, Dr. Amardeep Gaur, For M/s. V. Maheshwari & Co., Manoj Singh, Sanjay Kumar Visen, Arpit Rai, Aviral Kashyap, Rohit Kumar Singh, Rahul Kumar Gupta, Rohit Amit Sthalekar, O. P. Gaggar, Himanshu Shekhar, Vishnu Sharma, Rakhi Ray, Garima Prashad, Anil Katiyar, Mukesh Kumar Maroria, S. K. Verma, Kedar Nath Tripathy, Brijesh Kumar Tamber, Christopher Dsouza, M/s. Devasa & Co., Somesh Chandra Jha, Ramesh Babu M. R., Rajkumari Banju, Vipin Kumar Jai, Praveen Chaturvedi, Anannya Ghosh, Aakarshan Aditya, G. N. Reddy, Sneha Kalita, Prerna Mehta, B. K. Satija, D. S. Chauhan, Ashwarya Sinha, T. Mahipal, Badri Prasad Singh, Chandra Prakash, Alok Tripathi, Astha Sharma, Mishra Saurabh, Aneesh Mittal, Niranjana Singh, Sureshan P., Anas Tanwir, Pawanshree Agrawal, Suruchii Aggarwal, M/s. Karanjawala & Co., Anindita Pujari, Kaushik Choudhury, Jasmeet Singh, Pradeep Misra, Raj Bahadur Yadav, Manisha Ambwani, Mushtaq Ahmad, M. T. George, Divya Roy, Sumit Sinha, Anubha Agrawal, Aditya Jain-1, Sonal Jain, Gaurav, Rajat Mittal, Indra Sawhney, Bharti Tyagi, Umesh Kumar Khaitan, M/s. Shakil Ahmad Syed, Gaurav Goel, Anil Kumar Mishra-i, Shantwanu Singh, Rameshwar Prasad Goyal, Sanchit Garga, Pramod Dayal, Swarupama Chaturvedi, Mayuri Raghuvanshi, Vishal Gupta, Charu Mathur, Aman Gupta, B. Krishna Prasad, Uddyam Mukherjee, Sanjai Kumar Pathak, Deepak Prakash, Kamakshi S. Mehlwal, T. Archana, Ashok Mathur, Rishi Matoliya, Kirti Renu Mishra, Sujata Kurdukar, Abhinav Ramkrishna, Dharitry Phookan, Advocates

Headnote:
Lease deed - Land - Lease rights - By lease deed dated xecuted between Greater Noida Industrial Development Authority (‘GNIDA’, for short) and Company, plot bearing No.GH-06 A SECTOR–TECH ZONE-IV, Greater Noida was permitted to be developed by the Company on certain conditions - It was specifically stated that Company was a special purpose company incorporated by consortium of following six entities against whose names the respective shareholding was mentioned - Project to be developed by Company was widely advertised through brochures and advertisements as ‘Amrapali La Residentia’ project, promising delivery of apartments within 36 months - Whether the Company ought to be declared as part of the Amrapali Group of Companies, more particularly because of developments that have taken place with respect to the instant project – Held, Considering all these features of matter, in Court considered view, it would not be just and proper to hand over the development at this stage to NBCC as prayed for by Association and applicants supporting the Association - Court, therefore, do not deem it appropriate to recall the orders dated or to revisit the issue whether Company could be declared to be part of Amrapali Group of Companies - Similarly, Court also do not deem it appropriate to extend the benefits as prayed for either by Association or by the Company - Court, therefore, reject the first two sets of applications - No separate orders are called for in third set - all the applications under consideration stand disposed of in aforesaid terms but without any order as to costs.

ORDER :

Uday Umesh Lalit, J.

1. This Order shall dispose of following three sets of applications :-

(A) I.A. No.168186 of 2018 (Z-68?), I.A. No.109882 of 2020 (Z-309^*[Court Volume Number] and R-103^*[Court Volume Number]) and I.A. No.114865 of 2020 (Z-318 ^*[Court Volume Number]) filed by the Association¹[Amrapali La Residentia Flat Buyers Association] and by some applicants who have booked apartments in the project developed by the Company²[La-Residentia Developers Private Limited].

(B) I.A. No.153341 of 2019 (Z-233^*[Court Volume Number]), I.A. No.120307 of 2020 (I-155^*[Court Volume Number]) and I.A.No.123299 of 2020 (I-158*) filed by the Company; and

2. By lease deed dated 03.02.2011 executed between Greater Noida Industrial Development Authority (‘GNIDA’, for short) and the Company, plot bearing No.GH-06 A SECTOR–TECH ZONE-IV, Greater Noida was permitted to be developed by the Company on certain conditions. It was specifically stated that the Company was a special purpose company incorporated by the consortium of following six entities against whose names the respective shareholding was mentioned. The relevant clauses of the lease deed were:-

“…The registered consortium consists of following: -

S. No.	Name of member	Shareholding	Status
1.	M/s. Vidhyashsree Buildcon Pvt. Ltd.	26%	Lead Member
2.	M/s. Nishant Creations Pvt. Ltd.	19%	Relevant Member
3.	M/s. Anjali Buildcon Private Limited	20%	Relevant Member
4.	M/s. Agarwal Associates (Promoters) Ltd.	5%	Relevant Member
5.	M/s. Elegant Infracon Private Limited	19%	Relevant Member
6.	M/s. Stunning Constructions Private Limited	11%

Whereas the above-registered consortium who jointly qualify for the bid and secured the allotment of said plot being highest bidder. They through its lead member M/s. Vidhyashree Buildcon Pvt. Ltd. have approached the lessor in accordance with clause C-8 of the brochure/bid document of the scheme to sub-divide the said plot of land with the following status of holding lease rights:-

Sl.

No.

Plot No.

Sector

Divided area (in Sq.M.)

Name of member

Status

GH-06A

Techzone-IV

80026.62

M/s. La Residentia Developers Pvt. Ltd. (SPC) (SPC of M/s. Vidhyashree Buildcon Pvt. Ltd., M/s. Nishant Creations Pvt. Ltd., M/s. Anjali Buildcon Private Limited, M/s. Agarwal Associates (Promoters) Ltd. and M/s. Stunning Constructions Private Limited

Special Purpose Company

GH-06B

Techzone-IV

17700

M/s. Elegant Infracon Private Limited

Relevant Member

… … …

And it has been represented to the lessor that the CONSORTIUM members have agreed amongst themselves that M/s. Vidhyashree Buildcon Pvt. Ltd. having its registered office at H.No.195, 2nd Floor, Back Side, Ram Vihar, Delhi-110092 shall remain lead member of the consortium and lessee shall solely develop the project on the demarcated Builders Residential/Group Housing Plot No.GH-06A, Sector Techzone-IV, Greater Noida measuring an area 80026.62 sqm.”

3. The project to be developed by the Company was widely advertised through brochures and advertisements as ‘Amrapali La Residentia’ project, promising delivery of apartments within 36 months. The relevant portion of the brochure was:-

“Amrapali has transformed the entire concept of living with its various value added residential projects. Once more living up to its reputation it is presenting a unique residential condominium which is identified as Terrace Homes for its novel concept. Terrace Homes are 2, 3 & 4 Bedroom Apartments with individual terraces assigned to them. Three side o

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