Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 2022

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. 1018/2017 (X), W.P.(C) No. 971/2017 (X), W.P.(C) No. 947/2017 (X), W.P.(C) No. 1041/2017 (X), W.P.(C) No. 1144/2017 (X), W.P.(C) No. 1116/2017 (X), W.P.(C) No. 1156/2017 (X), W.P.(C) No. 1206/2017 (X), W.P.(C) No. 1242/2017 (X), W.P.(C) No. 21/2018 (X), W.P.(C) No. 74/2018 (X), W.P.(C) No. 91/2018 (X), W.P.(C) No. 57/2018 (X), W.P.(C) No. 56/2018 (X), W.P.(C) No. 58/2018 (X), W.P.(C) No. 52/2018 (X), W.P.(C) No. 131/2018 (X), W.P.(C) No. 134/2018 (X), W.P.(C) No. 160/2018 (X), W.P.(C) No. 182/2018 (X), W.P.(C) No. 164/2018 (X), W.P. (C) No. 942/2017 with W.P.(C ) No. 246/2018, W.P.(C ) No. 226/2018, W.P. (C ) No.298/2018, W.P. (C ) No,306/2018, W.P. (C ) No.8/2018, W.P. (C ) No.199/2018, W.P. (C ) No.245/2018, W.P. (C ) No.267/2018, W.P. (C ) No.288/2018, W.P. (C ) No.281/2018, W.P. (C ) No.378/2018, W.P. (C ) No.353/2018
Decided On : 10-05-2018

Advocates Appeared:
For the Petitioners: Mr. M.L. Lahoty, Adv., Mr. Paban K. Sharma, Adv., Ms. Ishit Bist, Adv., Mr. Janmesh Kumar,Adv., Mr. Anchit Sripat, Adv., Mr. Himanshu Shekhar, Adv., Mr. Abhinav Jain, Adv., Mr. Himanshu Shekhar, AOR, Mr. Jamnesh Kumar, Adv., Mr. Himanshu Shekhar, AOR, Mr. Ajit Kumar Sinha, Sr.Adv., Mr. Ashwarya Sinha, AOR, Mr. Shwetabh Sinha, Adv., Ms. Alankrita Sinha, Adv., Ms. Nitya Ramakrishnan, Adv., Ms. Priyanka Rao, Adv., Mr. Shadan Farasat, AOR, Ms. Rudrakshi Deo, Adv., Mr. D.K. Garg, Adv., Mr. Abhishek Garg, Adv., Mr. Dhananjay Garg, Adv., Mr. Deepak Mishra, Adv., Mr. Rahul Agarwal, Adv., Mr. R.P. Bansal, Adv., Mr. Randhir K. Sinha, Adv., Mr. Dinesh Kumar Garg, Adv., Mr. Dhananjay Garg, Adv., Mr. Abhishek Garg, Adv., Mr. Deepak Mishra, Adv., Mr. R.P. Bansal, Adv., Mr. Rahul Kumar Agarwal, Adv., Ms. Chandan Ramamurthi, AOR, Mr. R. Sathish, AOR, Mr. Mohan Das K.K.,Adv., Mr. Rajesh Kumar, Adv., Ms. S. Geetha, Adv., Ms. Smitha Rani, Adv., Mr. Sayaree Basu Mallik, AOR, Mr. Vivek Narayan Sharma, AOR, Mr. Sidharth Mahajan, Adv., Mr. Shubham Awasthi, Adv.
Mr. Akash Sharma, Adv., Mr. Rajeev Kumar Jha, Adv., Mr. Ajay Singh, Adv., Mr. Rameshwar Prasad Goyal, AOR, Mr. Prithvi Pal, AOR, Mr. Kamlesh Kumar, Adv., Mr. Rajeev Lochan, Adv., Mr. Shovan Mishra, AOR, Mr. Sanjeev Sen, Adv., Mr. Raj Kamal, AOR, Mr. BNS Marok, Adv., Mr. Maheen Pradhan, Adv., Mr. Bhaskar Aditya, Adv., Mr. Gopal Jha, AOR, Mr. Kumar Meherar, Adv., Ms. Anjana Prakash, Sr.Adv., Mr. Sukant Vikram, Adv., Ms. Mahalakshmi Pavni, Sr. Adv., Mr. M.S. Vishnu Sankar, Adv., Ms. Athira G. Nair, Adv., Ms. Usha V. Nandini, Adv., Mr. Manish Saran, Adv., Mr. Mukesh Kumar, Adv., Ms. Divya Roy, Adv., Mr. Akash Nagar, Adv., Mr. Siddhartha Jha, Adv., Mr. Jasbir Singh Nagar, Adv., Mr. Sinha Shrey, Adv., Mr. Sumit Sinha, Adv., Mr. V.N. Sinha, Sr. Adv., Mr. Sandeep Jha, Adv., Mr. Ram Ekbal Roy, Adv., Mr. Binay Kr. Das, Adv., Mr. Vijay Kumar, Adv., Mr. Thomas Oommen, Adv., Mr. Aniruddha P. Mayee, Adv., Mr. Ranjay, Adv., Mr. Pallavi Pratap, Adv., Mr. Pawanshree Agrawal, Adv.(A.C.), Mr. Abdul Azam Kalebudde, Adv., Ms. Teharabi Kalebudde, Adv., Ms. Suman Tripathy, Adv., Mr. R.P. Goyal, Adv., Mr. G.C. Tyagi, Adv., Mr. kailash Pd. Pandey, Adv., Mr. Pramod Kumar Jain, Sr. Adv., Mr. Nitin Jain, Adv., Mr. Aneesh Mittal, Adv., Ms. Indrani Mukherjee, Adv., Ms. Tatini Basu, Adv., Mr. Abhimanyu Bhandari, Adv., Mr. Cheitanya Madan, Adv., Mr. Naveen Kumar, Adv., Dr. Shashwat Bajpai, Adv., Mr. Sharad Agarwal, Adv., Mr. Rohit Amit S., Adv., Mr. Ashok Kumar Singh, Adv., Mr. Shantwanu Singh, Adv., Mr. Chirojit Mukherjee, Adv., Mr. Sarvagaua, Adv., Mr. Surinder D. Sharma, Adv., Mr. Meghsham S. B., Adv., Mr. Murari Sharma, Adv., Mr. Sanket Sharma, Adv., Mr. S.S. Ray, Adv., Mr. Vaibhav Gulia, Adv., Ms. Praveena Gauram, Adv., Ms. Ashwarya Bhati, AAG, Mr. Pradeep Misra, Adv., Mr. Abhinav Shrivastava, Adv., Mr. Rahul Gupta, Adv., For applicant Mr. Jairaj Mudgal, Adv., Mr. Riddhi Bose, Adv., Mr. Raj Kishore Choudhary, Adv., Mr. Prashant Singh, Adv., Ms. Amita Singh, Adv., Mr. Atin Mehta, Adv., Mr. Ankit Tyagi, Adv., Mr. Atishi Dipankar, Adv., Mr. Sahil Sethi, Adv., Mr. Shivam Sharma, Adv., Ms. Astha Sharma, Adv., Ms. Prerna Mehta, Adv., Mr. Rohit Singh, Adv., Ms. Praveena Gautam, Adv., Mr. Jitesh P. Gupta, Adv., Mr. Pawan Shukla, Adv., Mr. Raja Ram, Adv., Mr. Sahil Sethi, Adv., Mr. Shivam Sharma, Adv., Ms. Aastha, Adv., Mr. S.B. Upadhyay, Adv., Mr. Param Kumar Mishra, Adv., Mr. Krishnan Kumar, Adv., Ms. Shobha, Adv,, Mr. Saurav Roy, Adv., Mr. Rakesh Khanna, Sr. Adv., Ms. Aarohi Holoni, Adv., Mr. Kumar Mihir, Adv., Ms. Drishti Rathore, Adv., Mr. S.B. Upadhyay, Sr. Adv., Mr. Param Mishra, Adv., Mr. Krishnan Kumar, Adv., Mr. Nishant Kumar, Adv., Ms. Anisha Upadhyay, Adv.
For the Respondents: Mr. Gaurav Bhatia, AOR, Mr. Utkarsh Jaiswal, Adv., Mr. Abhishek Singh, Adv., Mr. Ravindra Kumar, AOR, Mr. Achyut Saxena, Adv., Mr. Ajay Kumar Jain, Adv., Mr. Rabin Majumder, AOR, Ms. Srishti Kapoor, Adv., Ms. Ashwarya Sinha, Adv., Ms. Saloni T. J., Adv., Ms. Pratishtha Dobhal, Adv., Mr. Ranjit Kumar, Sr. Adv., Mr. Alok K. Agarwal, Adv., Ms. Rati Tandon, Adv., Mr. Apoorv Rastogi, Adv., Mr. Manoj Kumar,, Mr. Gaurav Goel, Adv., Ms. Vandana Sehgal, Adv., Mr. Rohan Thawani, Adv., Mr. Hardeep Singh Anand, Adv., Mr. Aanad Daga, Adv., Ms. Gunjan Ahuja, Adv., Mr. Manoj Singh, Adv., Mr. Akhilesh Kumar Pandey, AOR, Mr. Brahma Kumar Pathak, Adv., Mr. Maninder Singh, ASG, Mr. Bishwajit Dubey, Adv., Ms. Srideepa Bhattaacharyya, Adv., Mr. Manpreet Lamba, Adv., For M/S. Cyril Amarchand Mangaldas Aor, AOR, Mr. Ashwarya Sinha, AOR, Mr. P. Dobhal, Adv., Ms. Saloni Tangri Jawa, Adv., Mr. Subramonium Prasad, Sr. Adv., Mr. Kunal Mimani, Adv., Mr. Kumar Kislay, Adv., Mr. Dheeraj Nair, Adv., Mr. P.B .A. Srinivasan, Adv., Mr. Amand Gupta, Adv., Ms. Vidhi Gupta, Adv., Mr. K. Paarivendhan, Adv., Mr. Rohit Bansal, Adv., Mr. Ashish Mishra, Adv., Ms. Priyanka Das, Adv., Ms. S. Sharma, Adv., Ms. Divyakant Lahoti, Adv., Ms. Parikshit Ahuja, Adv., Ms. Amrita Grover, Adv., Mr. Manoj, Adv., Mr. T. Mahipal, Adv., Mr. Vishnu Sharma, AOR, Ms. Anupama Sharma, Adv., Ms. Sonali Negi. Adv., Mr. Mohit Rai, Adv., Mr. Amit Sibal, Sr. Adv., Mr. Manmeet Singh, Adv., Mr. S.S. Ray, Adv., Ms. Rakhi Ray, AOR, Mr. Anshul Tyagi, Adv., Mr. Prithvi Sidhu, Adv., Ms. Saloni Sharma, Adv., Mr. Anuragh Robin Frey, Adv., Ms. Geetanjali Shani, Adv., Mr. Sahil Tagotra, Adv., Ms. Rekha Chatterjee, Adv., Ms. Subhro Mukjherjee, Adv., Ms. Anjali A., Adv., Mr. Vikramjeet Banerjee, ASG, Ms. V. Mohana, Sr. Adv., Mr. S.S. Shamsherry, Adv., Mr. Mukul Singh, Adv., Mr. Mukesh Kumar Maroria, AOR, Mr. Anil Katiyar, Adv., Mr. Ranjit Kumar, Sr.Adv., Mr. Gaurav Bhatia, AOR, Mr. Utkarsh Jaiswal, Adv., Mr. Abhishek Singh, Adv., Mr. Anuroop Chakravarti, Adv., Mrs. Anil Katiyar, AOR, Mr. Subodh K. Pathak, Adv., Ms. Prinita Shekhar, Av., Mr. Pawan K. Sharma, Adv., Mr. Shashi Ranjan, Adv., Mr. Dharmendra Kumar Sinha, AOR, Mr. Anoop Prakash Awasthi, Adv., Mr. Sukant Vikram,Adv., Mr. Anshumaan Sahni, Adv., Mr. Sumant Batra, Adv., Ms. Honey Satpal, Adv., Mr. Rajesh Kumar Gupta, Adv., Mr. Ranjit Kumar, Sr.Adv., Mr. Alok K. Agarwal, Adv., Mr.Dhruv Gandhi, Adv, Ms. Rati Tandan, Adv., Mr. Gaurav Goal, Adv., Mr. Alok Kumar, Adv., Mr. Somya Yadav, Adv., Mr. Amit Agnihotri, Adv., Mr. Siddhant Tripathi,Adv., Ms. Aakriti Sharma, Adv., Mr. Avi Pandey, Adv., Mr. Ramesh Thakur, Adv., Mr. Balaji Srinivasan, Adv., Mr. Kumar Mihir, Adv., Ms. Aarohi, Adv., Mr. Badri Prasad Singh, Adv., Mr. Abhishek singh, Adv., Mr. Gaurav Tyagi, Adv., Mr. Neha Chaudhary, Adv., Mr. Purnima Jauhari, Adv., Ms. Seema P., Adv., Mr. Prakash K., Adv., Mr. Priyadarshi Gopal, Adv., Ms. Rashmi Singh, Adv., Mr. Amit Kumar Singh, Adv., Dr. Ashwani Bhardwaj, Adv., Mr. Amit Goel, Adv., Mr. Nitin Bajpai, Adv., Ms. Neha Tanwar, Adv., Mr. A.K. Tripathi, Adv., Md. Akaram, Adv.

The main legal point established in the judgment is the court's authority to direct specific actions related to building construction, including the inspection and installation of lifts, removal of deficiencies, and submission of detailed plans and financial statements by the promoters.

Headnote:
Lifts - Inspection and Installation - [Building Construction] - [Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 46] - The court directed the inspection and installation of lifts in various towers of different developers. It also ordered the removal of deficiencies and submission of comprehensive proposals by the promoters. The court emphasized the need for compliance with its orders and the submission of detailed plans and financial statements by the promoters.
Fact of the Case:

The court heard applications related to the inspection and installation of lifts in various towers of different developers. The Noida Authority submitted reports on the status of lifts and construction in the towers.
Finding of the Court:

The court directed the inspection and installation of lifts in specific towers, ordered the removal of deficiencies, and requested comprehensive proposals from the promoters. It also emphasized the need for compliance with its orders and the submission of detailed plans and financial statements by the promoters.
Issues: Inspection and installation of lifts, removal of deficiencies, compliance with court orders, submission of detailed plans and financial statements.
Ratio Decidendi: The court's decision was based on the need to ensure the proper inspection and installation of lifts, removal of deficiencies, and compliance with its orders by the promoters.
Final Decision: The court directed the promoters to take specific actions regarding the inspection and installation of lifts, removal of deficiencies, and submission of detailed plans and financial statements. It also emphasized the need for compliance with its orders.

ORDER :

1. Heard learned counsel for the parties.

I.A.No. 66000/2018 in WP(C)No.940/2017, I.A.No. 68025/2018 in W.P. (C)No.182/2018, I.A.No.68175/2018 in WP(C)No. 134/2018,I.A.No. 64608/2018 in WP(C)No. 246/2018 I.A.No.68150/2018 in WP(C)No.52/2018 I.A.No.69072/2018 in WP(C)No.164/2018 I.A.No. 64172/2018 in WP(C)No.91/2018, I.A.No. 64368/2018 in WP(C)No. 1144/2017, I.A.No.64161/2018 in WP(C)No. 52/2018 -Applications for impleadment are allowed to the extent of intervention only.

2. Charts have been placed by the promoters we well as by the NOIDA Authority with respect to the lifts which are operational and which are under process and the lifts which are yet to be installed.

3. We have perused the charts given by the Amarpali Sapphare Developers Pvt. Ltd. in respect of Tower Nos. A to L which indicates that six lifts are yet to be installed; however, there are more towers in the same project i.e. Tower Nos. M to Z, Noida Authority was unable to inspect the said Towers. Let the Noida Authority to make inspection of the aforesaid Towers M to Z and submit a report in this regard on or before 15.05.2018.

4. In Tower Nos. C,E,G,H,K and L of M/s. Amarpali Sapphare Developers Pvt. Ltd., there is provision of three lifts in each Tower. Out of three one lift is yet to be installed and only two lifts are operational in the aforesaid Towers. The aforesaid figures are not disputed.

5. It is stated by the promoters that they have already furnished an undertaking that within twelve months these lifts would be installed.

6. With respect to Towers M to Z of M/s. Amarpali Sapphare Developers Pvt. Ltd. it is stated that work is under progress for them and balance lifts are to be installed within 12 months and the operational lifts are stated to be two. Noida Authority to make verification in this regard and submit its report on or before 15.5.2018.

7. With respect to M/s. Amrapalli Platinum Pvt. Ltd. the Noida Authority has submitted the report with respect to ten towers i.e. Tower A to J and Club. There is provision of three lifts in each Tower. As per the report of the Noida Authority in Tower A one is under maintenance and two are functioning. In Tower C out of three lifts, two are functioning one is not functioning. In Tower D, out of three, two are functioning and one is to be installed. In Tower E, two are functioning and one is not installed. In Tower F, two are functioning and one is defective. And in Club, out of three lifts, two are functioning one is not installed. In Tower A,C & F, since there are defects in the lifts and maintenance is going on, let the three sanctioned lifts be made operational in each aforesaid Towers A,C & F within a period of one month from today as assured by Mr. Gaurav Bhatia, learned counsel appearing on behalf of the Promotors.

8. There are some low rise buildings in Amarpali Platinum Pvt. Ltd.(G+2) and in that there is provision of total nine lifts in each building and only five lifts are installed and have not made operational as buildings are not yet occupied by the inhabitants and work is going on and in remaining low rise buildings, lifts are to be installed.

9. With respect to M/s. Amrapalli Zodiac Developers Pvt. Ltd. Noida Authority has given a chart of 22 Towers and there is provision of 51 lifts; out of that 36 lifts are reported to be functional and 15 lifts are to be installed. And additional one lift is under maintenance. The additional lift which is under maintenance in Tower L is undertaken to be made functional within one month from today and two have already been installed. It is undertaking to make it functional within one month.

10. With respect to Towers B,Q & R, it is stated by the promotors that both the lifts of Tower B and one lift of Tower Q and one lift of Tower R are available at site. Installation work is going to be completed within two months from today as the work is in progress. Hence, it is directed that let the aforesaid lifts are installed as assured within two months from today in th

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Judicial Analysis