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2021 Supreme(SC) 337

D. Y. CHANDRACHUD, M. R. SHAH
Upendra Choudhury – Appellant
Versus
Bulandshahar Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manoj V George, Ms. Shilpa Liza George, Ms. Akriti Jai, Mr. Panmei, Ms. Manju E. George, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud, J

1. These proceedings have been initiated under Article 32 of the Constitution by a purchaser, seeking directions in respect of a real estate project called “Sushant Megapolis”, which is being developed by the fifth, sixth and seventh respondents. The reliefs which have been sought, while invoking the jurisdiction of this Court under Article 32, as noted above, are in the following terms:

    “i. …a writ in the nature of Mandamus directing the Respondent No. 1 & 2 to cancel all the agreements with respondent no.5, 6 & 7 and to ensure that all the projects in which money has been taken from the buyers their money is refunded or the same is constructed and handed over in a reasonable period of time;

    ii. …a writ in the nature of Mandamus appointing a court receiver or form a committee headed by a retired judge of this Hon'ble Court along with other suitable persons from different fields to monitor/handle the projects of Respondent 6 & 7 in which money has been taken from the buyers;

    iii. …a writ of mandamus, or order or direction to conduct a detailed forensic audit for all the projects launched by respondent no. 5, 6 & 7 in its project under the Flagship

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