Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 2023

SUPREME COURT OF INDIA
ARUN MISHRA, UDAY UMESH LALIT, JJ.
BIKRAM CHATTERJI & ORS. - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petition(s)(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
Decided On : 17-05-2018

Advocates Appeared:
Mr. Pawanshree Agrawal,Adv. (A.C.)
For the Petitioners: Mr. Ajit Kumar Sinha,Sr. Adv., Mr. Ashwarya Sinha, AOR, Mr. Shwetabh Sinha, Adv., Mr. Sanjiv Sen,Sr. Adv., Mr. Raj Kamal, AOR, Mr. Maheen Pradhan, Adv., Mr. B.N.S. Marok, Adv., Mr. Bhaskar Aditya, Adv., Mr. Rahul Arya, Adv., Mr. V.N. Sinha,Sr. Adv., Mr. Sandeep Jha, Adv., Mr. Ram Ekbal Roy, Adv., Mr. Binay Kumar Das, AOR, Ms. Anjana Prakash,Sr. Adv., Mr. Sukant Vikram, AOR, Ms. Mahalakshmi Pavani,Sr. Adv., Ms. M.S. Vishnu Shankar, Adv., Ms. Sriram Parakkat, Adv., Mr. Tomy Chacko, Adv., Ms. Athira G. Nair, Adv., Ms. Usha Nandini V., AOR, Mr. Subramonium Prasad,Sr. Adv., Mr. Kunal Mimani, Adv., Mr. Kumar Kislay, Adv., Mr. Dheeraj Nair, AOR, Mr. Sanjay Hegde,Sr. Adv., Mr. Abhishek Kauhik, Adv., Mr. M.L. Lahoty, Adv., Mr. Paban K. Sharma, Adv., Ms. Ishita Bist, Adv., Mr. Anchit Sripat, Adv., Mr. Himanshu Shekhar, AOR, Mr. Abhinav Jain, Adv., For Mr. Himanshu Shekhar, AOR, Mr. Shadan Farasat, AOR, Mr. Suhail R. Bhat, Adv., Mr. Jayant Mehta, Adv., Mr. Sukant Vikram, AOR, Mr. Abhinav Ankit, Adv., Mr. Anshumaan Sahni, Adv., Mr. R. Sathish, AOR, Mr. Mohan Das KK, Adv., Mr. Rajesh Kumar, Adv., Ms. S. Geetha, Adv., Ms. Smitha Romi, Adv., Mr. Vivek Narayan Sharma, AOR, Mr. Sidharth Mahajan, Adv., Ms. Shubhama Awasthi, Adv., Mr. Akash Sharma, Adv., Mr. Suman Tripathy, Adv., Mr. Rameshwar Prasad Goyal, AOR, Mr. Ranjay, Adv., Mr. Usman Ghani Khan, Adv., Mr. Mushtaq Sali, Adv., Ms. Pallavi Pratap, AOR, Mr. G.C. Tyagi, Adv., Mr. Kailash Pandey, Adv., Mr. Brijesh Tyagi, Adv., For Mr. Kailash Prashad Pandey, AOR, Ms. Sangeeta Singh, Adv., For Mr. Prakash Ranjan Nayak, AOR, Mr. Nitin Bajpai, Adv., Mr. Udit Grover, Adv., Mr. Vijay Kumar, Adv., Mr. Thomas Common, Adv., For Mr. A.P. Mayee, AOR, Mr. Sagar Rao, Adv., Ms. Mridula Ray Bharadwaj, AOR, Mr. Manish Kumar Saran, AOR, Mr. Prithvi Pal, AOR, Mr. Shishir Pinaki, AOR, Mr. Shovan Mishra, AOR, Ms. Sayaree Basu Mallik, AOR, Mr. Gopal Jha, AOR, Mr. Aniruddha P. Mayee, AOR, Mr. A.P. Mohanty, AOR, Mr. Abdul Azeem Kalebudde, AOR, Mr. Kumar Mihir, AOR, Mr. Ashok Kumar Singh, AOR, Mr. Pallav Mongia,AOR
For the Respondents: Mr. Maninder Singh,ASG, Mr. Bishwajit Dubey, Adv., Ms. Srideepa Bhattacharyya, Adv., Ms. Harpreet Lamba, Adv., For Mr. Sumit Attri, AOR, Mr. Vikramjeet Benerjee,ASG, Ms. V. Mohana,Sr. Adv., Mr. S.S. Shamshery, Adv., Mr. Mukul Singh, Adv., Mr. Mukesh Kumar Maroria, AOR, Mr. Shubhendu Anand, Adv., Amrapali Group Mr. Ranjit Kumar,Sr. Adv., Mr. Alok Kr. Agarwal, Adv., Ms. Rati Tandan, Adv., Mr. Manoj Kumar, Adv., Mr. Apoorv Rastogi, Adv., Mr. Harshal Kumar, Adv., Mr. Gaurav Goel, AOR, Mr. S.B. Upadhyay,Sr. Adv., Mr. Krishnam Mishra, Adv., Mr. Nishant Kumar, Adv., For Ms. Anisha Upadhyay, AOR, Mr. Amit Sibal,Sr. Adv., Mr. Manmeet Singh, Adv., Mr. S.S. Ray, Adv., Mr. Anshul Tyagi, Adv., Mr. Prithvi Sidhu, Adv., Ms. Saloni Sharma, Adv., Ms. Anjali Anchayil, Adv., Mr. Dhruv Mehta,Sr. Adv., Mr. Amit Goel, Adv., Mr. Ashwani Bhardwaj, AOR, Mr. Vishnu Sharma, AOR, Ms. Anupama Sharma, Adv., Ms. Sonali Negi, Adv., Mr. Mohit Rai, Adv., Mr. Gaurav Bhatia, AOR, Mr. Utkarsh Jaiswal, Adv., Mr. Abhishek Singh, Adv., Ms. Geetanjali Shahi, Adv., Mr. Anugrah Robin Frey, Adv., Ms. Rakhi Ray, AOR, Mr. Subodh K. Pathak, Adv., Mr. Pawan K. Sharma, Adv., Mr. Shashi Ranjan, Adv., Ms. Pranita Shekhar, Adv., Mr. Dharmendra Kumar Sinha, AOR, Mr. P.B.A. Srinivasan, Adv., Mr. Aman Gupta, AOR, Mr. Parth D. Tandon, Adv., Mr. Badri Prasad Singh, AOR, Mr. Gaurav Tyagi, Adv., Ms. Neha Chaudhary, Adv., Ms. Prerna Mehta, AOR, Mr. Rohit Singh, Adv., Mr. Dinesh K. Garg, Adv., Mr. Abhishek Garg, Adv., Mr. Dhananjay Garg, AOR, Mr. Deepak Mishra, Adv., Mr. Randhir K. Sinha, Adv., Dr. Shashwat Bajpai, Adv., Mr. Sharad Agarwal, Adv., Mr. Rohit Amit Sthalekar, AOR, Ms. Amita Singh Kalkal, AOR, Mr. S.K. Verma, AOR, Mr. S.S. Ray, Adv., Mr. Vaibhav Gulia, Adv., Ms. Praveena Gautam, AOR, Mr. Shivam Sharma, Adv., Mr. Sahil Sethi, Adv., Ms. Astha Sharma, AOR, Mr. Akash Nagar, Adv., Mr. Jaibir Singh Nagar, Adv., Mr. Siddhartha Jha, AOR, Mr. Anurag Kishore, AOR, Mr. Anurag Sharma, Adv., Ms. Gunjan Mittal, Adv., Ms. Indrani Mukherjee, Adv., Ms. Tatini Basu, AOR, Ms. Shobha, Adv., Mr. Sourav Roy, Adv., Mr. Rohit Pandey, Adv., Mr. Devendra Nath Tripathi, Adv., Mr. Anshuman Dwivedi, Adv., Mr. Saransh Tripathi, Adv., Ms. Anushruti Tripathi, Adv., Mr. Prabhu Singh, Adv., For Mr. Balraj Dewan, AOR, Ms. Vandana Sehgal, AOR, Mr. Rohan Thawani, Adv., Mr. Hardeep Singh Anand, Adv., Mr. Anand Daga, Adv., Ms. Gunjan Ahuja, Adv., Mr. Abhimanyu Bhandari, Adv., Ms. Nattasha Garg, Adv., Mr. Chaitanya Madan, Adv., Mr. Naveen Kumar, AOR, Mr. Aneesh Mittal, AOR, Ms. Shreya Sharma, Adv., Mr. Abhinav Shrivastava, AOR, Mr. Rahul Gupta, Adv., Mr. R.P. Singh, Adv., Mr. Aditya Sharma, Adv., For Mr. Sanjay Kumar Dubey, AOR, Mr. Ravindra Kumar, AOR, Mr. Rabin Majumder, AOR, Mr. Akhilesh Kumar Pandey, AOR, M/s. Cyril Amarchand Mangaldas, AOR, Mrs. Anil Katiyar, AOR, Mr. Rajesh Kumar Gupta, AOR, Mr. Balaji Srinivasan, AOR, Ms. Rajkumari Banju, AOR, Mr. Pakash Kumar Singh, AOR, Mr. Divyakant Lahoti, AOR, Ms. Rashmi Singh, AOR, Mr. Anoop Prakash Awasthi, AOR, Mr. Sumit Sinha, AOR, Mr. K. Paari Vendhan, AOR, Mr. Somiran Sharma, AOR, Ms. Priyanka Das, Adv., Mr. Manoj, Adv., For Mr. T. Mahipal, AOR

The main legal principle established in the judgment is the court's authority to facilitate the completion of real estate projects, address financial aspects, and ensure the protection of buyers' interests.

Headnote:
JOINT STATEMENT - Completion of Various Projects - [SAPHIRE, LEISURE PARK, PRINCELY ESTATE, ZODIAC, PLATINUM, TITANIUM, EDEN PARK, CENTURIAN, TERRACE HOMES, TROPICAL, O-2 Valley, GOLF HOME, TECH PARK, COSMOS KOCHI, DREAM VALLEY, LEISURE VALLEY, HEARTBEAT CITY] - [Refer to the judgment for detailed act section list] - The court facilitated the completion of various real estate projects by directing the promoters and co-developers to complete the pending work within specified time frames. The court also directed the opening of an escrow account, deposit of a specified amount, and formation of a committee to monitor the progress of construction. Additionally, the court allowed for the sale of unencumbered properties to raise funds for project completion and addressed outstanding dues of buyers.
Fact of the Case:

The court facilitated the completion of various real estate projects by directing the promoters and co-developers to complete the pending work within specified time frames. The court also directed the opening of an escrow account, deposit of a specified amount, and formation of a committee to monitor the progress of construction. Additionally, the court allowed for the sale of unencumbered properties to raise funds for project completion and addressed outstanding dues of buyers.
Finding of the Court:

The court found that the completion of the real estate projects was essential and facilitated the process by issuing various directives to the promoters, co-developers, and buyers. The court also addressed financial aspects by directing the deposit of a specified amount and allowing for the sale of unencumbered properties to raise funds for project completion.
Issues: The main issue before the court was to ensure the completion of various real estate projects and address the concerns of buyers, promoters, and co-developers. The court also had to address financial aspects and outstanding dues of buyers.
Ratio Decidendi: The court's decision was based on the need to facilitate the completion of real estate projects and address the concerns of all stakeholders involved. The court also emphasized the financial aspects by directing the deposit of a specified amount and allowing for the sale of unencumbered properties to raise funds for project completion.
Final Decision: The court directed the promoters and co-developers to complete the pending work within specified time frames, opened an escrow account, and directed the deposit of a specified amount. The court also allowed for the sale of unencumbered properties to raise funds for project completion and addressed outstanding dues of buyers.

ORDER :

1. Heard learned counsel for the parties.

2. Pursuant to our request made to the learned counsel, they have sat together and a joint statement has been filed for containing the proposal for completion of the various projects. A joint meeting had been conducted between the lawyers representing the buyers and builder of Amrapali Group and the representatives of Greater NOIDA and NOIDA. The proposals are in the form of four baskets with independent time lines and the co-developers had been chosen to undertake the completion of the projects and remaining work at site. The independent proposals given by Amrapali along with the proposed co-developer had been placed before the concerned lawyers representing the flat owners in those projects and lawyers of NOIDA and the representatives of Greater NOIDA and broad consensus has been reached.

3. The following are the basket-wise proposals:

FIRST BASKET

I. SAPHIRE – PHASE-I IN NOIDA :

In relation to Saphire Phase-I, consisting of 1033 units, the time given is of 10+2 months for completion of the project.

II. SAPHIRE-PHASE-II :

It consists of 1308 units and the time sought for completion of the project is 12 to 15 months.

The promoter of the Saphire Phase I & II projects is M/s. Amrapali Saphire Developers Pvt. Ltd. The developer chosen by the promoter is M/s. Galaxy Dreamhome Developers Pvt. Ltd. With respect to Saphire Phase II project, as agreed to by the promoter, the relevant agreements entered into with co-developers to be placed within one week. The documents shall be filed afresh, even if the same had been filed earlier, duly supported by an affidavit. Let the undertaking of concerned promoter/co-developer be also placed on record within seven days.

III. LEISURE PARK :

This project comprises of 2993 units. There are three categories of this project, namely:

(i) The first category comprises of the following 19 towers with 1665 units and the time limit of 15 months is fixed :

1.	E1	2.	E2	3.	E3	4&5	E4(Two towers)
6.	B2	7.	B3	8.	B4	9.	B5
10.	A1	11.	A2	12.	A3	13.	A4
14.	A5	15.	A6	16.	F1	17.	F2
18.	F3	19.	F4

(ii) The second category comprises of 3 towers, i.e., towers C1, C2 and F5. There are 411 units and time limit, as agreed to for completion is upto 22 (twenty two) months.

(iii) The third category (River view) comprises of 7 towers, i.e., D1 to D7. There are 917 units in this category and time, as agreed to for completion is 29 (twenty nine) months.

The co-developer of the first basket is M/s. Galaxy Dreamhome Developers Pvt. Ltd.

SECOND BASKET

PRINCELY ESTATE :

The promoter of the project is M/s. Amrapali Princely Estates Pvt. Ltd. There are 1919 units. Out of these, minor work is required to be carried out in 1600 units, possession of which have already been handed over to buyers and some work remains in three other towers, being towers N, O and P, which comprise 319 units. Time agreed for completion of same is 12 months and it has been proposed that M/s. Kanodia Business Pvt. Ltd. will be the co-developer. It is also agreed to that as there is no water tank, no lift in three towers, i.e., N, O & P, the work of water tank and lifts in these towers shall be completed within six months from today.

As the inhabitants are already occupying certain portion upto fifth floor, let arrangements be made, as agreed to, for water tank on priority basis. Adequate provision for electricity connection shall also be made within three months from today.

We defer the order with respect to Amrapali Silicon project, as agreed to.

THIRD BASKET

Amrapali-the promoter has proposed certain projects in category-A, namely, Zodiac, Platinum, Titanium and Eden Park in this basket.

The promoter of the Zodiac is M/s. Amrapali Zodiac Developers Pvt. Ltd., whereas the promoter of Platinum and Titanium is M/s. Ultra Home Construction Pv

Click Here to Read the rest of this document

Judicial Analysis