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N. KOTISWAR SINGH, SURYA KANT
Himanshu Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. systematic failure of authorities impacting homebuyers. (Para 1 , 2 , 3) |
| 2. investigation into alleged nexus between banks and builders. (Para 5 , 6) |
| 3. cbi inquiry recommendations addressing specific builders. (Para 7 , 8) |
| 4. role of cbi and forensic audit in investigations. (Para 9 , 10 , 11) |
| 5. nodal officers and state cooperation for effective inquiry. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. compensation and support for amicus curiae in complex cases. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 7. withdrawal of specific special leave petitions. (Para 34) |
ORDER :
1. This batch of cases, comprising more than 170 petitions have been filed by over 1200 homebuyers/borrowers. They have raised an issue of paramount importance re: the systematic failure of statutory and government authorities to discharge their functions, circumvention of regulatory framework by Banks and Housing Financial Corporations, and the resultant illicit benefits said to have been drawn by builders/developers at the cost of the homebuyers, who are now bearing the brunt of such failures.
2. The common background of each of these matters, as noted by this Court on 04.03.2025 also
The court affirmed that banks and housing finance companies must link loan disbursement to construction stages, thus protecting home buyers from liability for the developers' defaults.
Article 226 of our Constitution confers extraordinary jurisdiction on the High Courts not only to issue prerogative writs for the enforcement of Fundamental Rights but also for ‘any other purpose’ it....
Facility Agreement - It is not disputed that the complainants took the home loan and executed Facility Agreement. They are liable to repay it in accordance with Facility Agreement, for which the comp....
The Reserve Bank of India's guidelines do not confer jurisdiction upon the CBI to investigate bank fraud without prior state consent as mandated by the Delhi Special Police Establishment Act.
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