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2018 Supreme(SC) 2038

SUPREME COURT OF INDIA
ARUN MISHRA, UDAY UMESH LALIT, JJ.
BIKRAM CHATTERJI & ORS. - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petition (Civil) No(s).940/2017 WITH W.P.(C) No.947/2017 (X), W.P.(C) No.942/2017 (PIL-W), W.P.(C) No.971/2017 (X), W.P.(C)No.1041/2017 (X), W.P.(C) No.1018/2017 (X), W.P.(C) No.1116/2017 (X), W.P.(C) No.1144/2017 (X), W.P.(C) No.1156/2017 (X), W.P.(C) No.1206/2017 (X), W.P.(C) No.8/2018 (X), W.P.(C) No.1242/2017 (X), W.P.(C) No. 58/2018 (X), W.P.(C) No.21/2018 (X), W.P.(C) No.52/2018 (X), W.P.(C) No.56/2018 (X), W.P.(C) No.91/2018 (X), W.P.(C) No.57/2018 (X), W.P.(C) No.74/2018 (X), W.P.(C) No.134/2018 (X), W.P.(C) No.131/2018 (X), W.P.(C) No.160/2018 (X), W.P.(C) No.164/2018 (X), W.P.(C) No.182/2018 (X), W.P.(C) No.199/2018 (X), W.P.(C) No.226/2018 (X), W.P.(C) No.245/2018 (X), W.P.(C) No.281/2018 (X), W.P.(C) No.306/2018 (X), W.P.(C) No.246/2018 (X), W.P.(C) No.298/2018 (X), W.P.(C) No.267/2018 (X), W.P.(C) No.288/2018 (X), W.P.(C) No.353/2018 (X), W.P.(C) No.378/2018 (X), W.P.(C)No.460/2018, W.P.(C) No.742/2018 (X), W.P.(C) No.829/2018 (X), W.P.(C) No.866/2018 (X)
Decided On : 01-08-2018

Advocates Appeared:
Mr. Pawanshree Agrawal,Adv. (A.C.), Mr. Maninder Singh,ASG, Mr. Prabhas Bajaj,Adv., Ms. Kanika Savan,Adv., Mr. Bishwajit Dubey,Adv., Ms. Srideepa Bhattacharyya,Adv., Mr. Manpreet Lamba,Adv, for M/s. Cyril Amarchand Mangaldas,AOR, Mr. Vikramjeet Banerjee,ASG, Ms. V. Mohana,Sr.Adv., Mr. S.S. Shamsherry,Adv., Mr. Mukul Singh,Adv., Ms. Anil Katiyar,AOR, Mr. Arvind Kumar Sharma,AOR, Mr. R.S. Suri,Sr.Adv., Dr. Ashwani Bhardwaj,AOR, Mr. Amit Goel,Adv., Mr. L. Hesan, Adv., Mr. Aditya Giri,Adv., Mr. Sanjiv Sen,Sr.Adv., Mr. Raj Kamal,AOR, Mr. Maheen Pradhan,Adv., Mr. Sachin Datta,Sr.Adv., Dr. Farrukh Khan,Adv., Ms. Rijuta,Adv., Ms. Akanksha Singh,Adv., for Mr. R.P. Goyal,AOR, Mr. S.S. Ray,Adv., Mr. Vaibhav Gulia,Adv., Mr. Praveena Gautam,AOR, Mr. Amit Sibal,Sr.Adv., Mr. S.S. Ray,Adv., Mr. Manmeet Singh,Adv., Mr. Anugrah Robin Frey,Adv., Mr. Anshul Tyagi,Adv., Mr. Prithvi Sidhu,Adv., Mr. Anukit Gupta,Adv., Ms. Rakhi Ray,AOR, Mr. V.N.Sinha,Sr.Adv., Mr. Sandeep Jha,Adv., Mr. Ram Ekbal Roy,Adv., Mr. Binay Kr.Das,AOR, Mr. Dhruv Mehta,Sr.Adv., Mr. Alok K. Agarwal,Adv., Ms. Apoorv Rastogi,Adv., Mr. Gaurav Goel,AOR, Mr. V. Giri,Sr.Adv., Mr. Kunal Mimani,Adv., Mr. Dheeraj Nair,AOR, Mr. P.S. Patwalia,Sr.Adv., Mr. Alok K. Agarwal,Adv., Ms. Rati Tandan,Adv., Mr. Apoorv Rastogi,Adv., Mr. Harshal Kumar,Adv., Mr. Manoj Kumar,Adv., Mr. Gaurav Goel,Adv., Mr. D.K. Garg,Adv., Mr. Abhishek Garg, Adv., Mr. Dhananjay Garg,AOR, Mr. Deepak Mishra, Adv., Mr. Randhir Kr. Sinha,Adv., Mr. Nitin Bajpai,Adv., Ms. Neha Tanwar,Adv., Mr. R.K. Banju,AOR, Mr. Rajeev Singh,AOR, Mr. Prabuddha Singh Gour,Adv., Mr. R. Sathish,AOR, Mr. Mohan Das K.K.,Adv., Mr. Rajesh Kumar,Adv., Mrs. S. Geetha,Adv., Mrs. Smitha Rani,Adv., Mr. Suman Tripathy,Adv., Mr. Rameshwar Prasad Goyal,AOR, Mr. Abdul Azeem Kalebudde,AOR, Ms. Taherabi Kalebudde,Adv., Mr. Aditya Sharma,Adv., Mr. Sanjay Kumar Dubey,AOR, Mr. Manish Kumar Saran,AOR, Mr. S.P. Sharan,Adv., Mr. Virender Goswami,Adv., Mr. Gautam Narayan,AOR, Ms. Soni Singh,Adv., Mr. Shamik Saha,Adv., Ms. Nattasha Garg,Adv., Mr. Rajiv Virmani,Adv., Mr. Naveen Kumar,AOR, Ms. Roohina Dua,Adv., Mr. Ejaj Maobool,AOR, Mr. Kunwar Aditya Singh,Adv., Ms. Shobha, AOR, Mr. Pritesh Kumar,Adv., Ms. Pallavi Pratap,AOR, Mr. Rahul Arya,Adv., Mr. Ranjay,Adv., Mr. Shishir Pinakin,AOR, Mr. vijendra Mishra,Adv., Mr. M.L. Lahoty,Adv., Mr. M.S. Vishnu Sankar,Adv., Ms. Athira G. Nair,Adv., Mr. Sriram P.,Adv., Ms. Usha Nandini V.,AOR, Mr. M.L. Lahoty,Adv., Mr. Paban K. Sharma,Adv., Mr. Anchit Sripat,Adv., Mr. Himanshu Shekhar,AOR, Mr. Manoj,Adv., Mr. T. Mahipal,AOR, Mr. Sibo Sankar Mishra,AOR, Mr. Niranjan Sahu,Adv., Mr. Ashok Kumar Singh,AOR, Mr. Shantwanu Singh,Adv., Mr. Chirojit Mukherjee,Adv., Mr. Prithvi Pal,AOR, Mr. Naresh Kumar Nagar,Adv., Mr. Kumar Abhishek,AOR, Mr. Avijit Mani Tripathi,Adv., Mr. Vishnu Sharma,AOR, Ms. Anupama Sharma,Adv., Ms. Sonali Negi,Adv., Mr. Mohit Rai,Adv., Mr. Krishnam Mishra,Adv., Mr. Param K. Mishra,Adv., Mr. Shanhash Singh,Adv., Ms. Anisha Upadhyay,AOR, Mr. Balaji Srinivasan,AOR, Mr. Alok Kumar,Adv., Ms. Somya Yadav,Adv., Mr. Siddhant Trivedi,Adv., Ms. Prerna Mehta,AOR, Mr. Rohit Singh,Adv., Mr. Abhinav Shrivastava,AOR, Mr. Rahul Gupta,Adv., Ms. Indrani Mukherjee,Adv., Ms. Tatini Basu,AOR, Mr. Kumar Mihir,AOR, Mr. Vishal Gupta,Adv., Mr. Abhishek Raj,Adv., Mr. Vivek Narayan Sharma,AOR, Mr. Pragyan Utsav Mishra,Adv., Mr. Maneesh Pathak,Adv., Dr. Shesh Mani Pandey,Adv., Mr. Rajeev Kumar Jha,Adv., Mr. Vijay Kumar,Adv., Mr. Thomas Oommen,Adv., for Mr. Aniruddha P. Mayee,AOR, Mr. Rakesh Kr. Gupta,AOR, Ms. Sangeeta Singh,Adv., Mr. Prakash Ranjan Nayak,AOR, Mr. Rohit Sthalekar,AOR, Mr. Shashwat Bajpai,Adv., Mr. Sharad Agarwal,Adv., Mr. Abhinav Jain,Adv., Mr. Prakash Chandra Sharma,Adv., for Mr. Himanshu Shekhar,AOR, Ms. Vandana Sehgal,AOR, Mr. Rohan Thawani,Adv., Mr. Hardeep Singh Anand,Adv., Mr. Anand Daga,Adv., Ms. Gunjan Ahuja,Adv., Mr. Pavan Bhushan,Adv., Mr. Talha Rahman,AOR, Ms. Priyanka Das,Adv., Mr. Somiran Sharma,AOR, Mr. Madhurendra Kumar,Adv., Mr. Prakash Kumar Singh,AOR, Mr. Jayant Mehta,Adv., Mr. Sukant Vikram,AOR, Mr. Anshumaan Sahni,Adv., Mr. PBA Srinivasan,Adv., Mr. Parth Tandon,Adv., Mr. Aman Kr. Gupta,AOR, Mr. Girish Chand Tyagi,Adv., Mr. Kailash Pd. Pandey,AOR, Mr. Shadan Farasat,AOR, Ms. Sayaree Basu Mallik,AOR, Mr. Shovan Mishra,AOR, Mr. Gopal Jha,AOR, Mr. A.P. Mohanty,AOR, Mr. Kailash Prashad Pandey,AOR, Mr. Pallav Mongia,AOR, Ms. E.R. Sumathy,AOR, Mr. Ravindra Kumar,AOR, Mr. Rabin Majumder,AOR, Mr. Akhilesh Kumar Pandey,AOR, Mr. Ashwarya Sinha,AOR, Mr. Gaurav Bhatia,AOR, Mr. Dharmendra Kumar Sinha,AOR, Mr. Badri Prasad Singh,AOR,

Headnote:

Compliance - Court's Order - [No specific Act-Section referred]

Fact of the Case:

The court found non-compliance with its previous order and unauthorized actions taken by the Committee constituted by the Government of Uttar Pradesh.

Finding of the Court:

The court found that the obligations and directions imposed by its previous order were not complied with, and unauthorized actions were taken by the Committee.

Issues: Non-compliance with court's order, unauthorized actions by the Committee

Ratio Decidendi: The court's order must be complied with, and no unauthorized actions should be taken without the court's permission.

Final Decision: The court directed the presence of the Secretary to the Ministry of Housing and Urban Affairs and the Chairman of the NBCC India Limited to explain their actions, ordered the freezing of bank accounts and attachment of immovable properties of 40 companies, and directed disclosure of the names of all the Chartered Accountants and their reports from 2008 till today.

ORDER :

1. On 17.5.2018, we have passed a detailed order in these cases after hearing learned counsel for the parties for several days. We need not reiterate the directions, statements, representations made to this Court and the orders which we have passed. Order dated 17.5.2018 is clear in this regard. As per the order passed by this Court, certain obligations were imposed and certain directions were issued which were to be complied with by the group of companies as well as the co-promoters etc., as mentioned in the aforesaid order. The compliance has not been reported and effort was made to wriggle out of order passed on 17.5.2018.

2. When the matter was taken up on 18.7.2018, compliance of the order was not reported and on the other hand, a letter dated 13.7.2018 signed by Mr. Akhil Saxena, Deputy Secretary to the Government of India, was placed on record. The letter is extracted hereunder :

"No.D.17024...sic

Government of India

Ministry of Housing and Urban Affairs

Nirman Bhawan, New Delhi

Dated July 13, 2018

Meeting Notice

Subject : Meeting to discuss the issues of home

buyers and affected parties of

Noida/Greater Noida/Yamuna Expressway

scheduled to be held on 18.07.2018 at

11:00 A.M. - 1.00 P.M. - regarding.

The undersigned is directed to state that a High Level Committee has been constituted by the Government of UP to redress the issues of home buyers and affected parties of incomplete/stalled housing projects in the Noida/Greater Noida/Yamuna Expressway under the Chairmanship of Secretary, Ministry of Housing and Urban Affairs.

2. In this regard the Chairman of the Committee and Secretary MoUHUA will hold a meeting with the developers/promoters (Amrapali Group Jaypee Infratech Limited, Three C Group of Companies and Unitech Limited) on 18 July, 2018 at 11:00 A.M. - 1:00 PM in Room No.123-C, Conference Room, 1st Floor, Nirman Bhawan, New Delhi. You are requested to kindly make it convenient to attend the meeting personally. You may also bring the details of the housing projects promoted by your company along with your specific plans as to how earliest you can deliver the flats/houses to the home buyers who have made payments towards the same to your company.

3. A line in confirmation on email, housingministry@gmail.com will be highly appreciated.

Sd/-

(Akhil Saxena)

Deputy Secretary to the Govt. of India

Tel No.23062280

To

1. Shri Shiv Priya, ED, Amrapali Group, C-56/40 Sector-62, Noida-2301307.

2. Shri Nirmal Singh, Three C Group of Companies, Tech Boulevard Central Block, Plot No.6, Sector 127, Noida-201307.

3. Shri Manoj Gaur, Jaypee Infratech Limited, Sector 128, Noida-201304 (U.P.), India.

4. Dr. Ramesh Chandra, Chairman, Unitech Limited, 6, Community Centre, Saket, New Delhi-110017.

Copy to :

1. Sr.PPS to Secretary, Ministry of Housing and Urban Affairs.

2. PPS to Additional Secretary (Housing), Ministry of Housing and Urban Affairs.

3. PS to Economic Adviser (Housing), Ministry of Housing and Urban Affairs.

4. Deputy Secretary (Housing), MoHUA

Sd/-

(Anil Saxena)

Deputy Secretary to the Govt. of India

Te. No.23062280"

3. In order to scuttle the hearing in this Court on .18.7.2018 on which the case was listed, it was reported to us that meeting was held on that very day which was presided over by the Secretary, Ministry of Housing, who is the Chairperson of the Committee and Secretary MoUHUA. Thereafter, pursuant to the said meeting it was stated today that NBCC India Limited, a Government of India enterprise, has invited "Expression of Interest" for joint development in real estate with respect to the development of residential and commercial real estate projects in Delhi and NCR region, inclusive of the Amrapali Group for which we have already passed order on 17.5.2018.

4. In case the Committee constituted by the Government of Uttar Pradesh wanted to take up the matter of Amrapali .Group in view of order dated 17.5.2018, it was necessary for them to seek the express permission from this Court, as this Court was in seisin of the matters, before tr

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