SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(SC) 1542

SUPREME COURT OF INDIA
SURYA KANT AND NONGMEIKAPAM KOTISWAR SINGH, JJ.
Himanshu Singh And Others – Appellant
Versus
Union of India and others - Respondent
Petition(s) for Special Leave to Appeal (C) No(s).7649/2023 SLP(C) No. 7626 of 2023, SLP(C) No. 9409 of 2023, SLP(C) No. 9194 of 2023, SLP(C) No. 9313 of 2023, SLP(C) No. 12043 of 2023, SLP(C) No. 16532 of 2023, SLP(C) No. 12453 of 2023, SLP(C) No. 11223-11235 of 2023, SLP(C) No. 10798-10799 of 2023, SLP(C) No. 11650 of 2023, SLP(C) No. 12668 of 2023, SLP(C) No. 11307 of 2023, SLP(C) No. 11931 of 2023, SLP(C) No. 12435 of 2023, SLP(C) No. 12691 of 2023, SLP(C) No. 14471-14477 of 2023, SLP(C) No. 12309 of 2023, SLP(C) No. 12321 of 2023, SLP(C) No. 13164 of 2023, SLP(C) No. 16133 of 2023, SLP(C) No. 10173 of 2023, SLP(C) No. 22072 of 2023, SLP(C) No. 20555 of 2023, SLP(C) No. 12343 of 2023, SLP(C) No. 12428 of 2023, SLP(C) No. 16136 of 2023, SLP(C) No. 17384 of 2023, SLP(C) No. 16131 of 2023, SLP(C) No. 12923 of 2023, SLP(C) No. 16132 of 2023, SLP(C) No. 18592 of 2023, SLP(C) No. 13490 of 2023, SLP(C) No. 23485 of 2023, SLP(C) No. 18595 of 2023, SLP(C) No. 15367 of 2023, SLP(C) No. 18598 of 2023, SLP(C) No. 17258 of 2024, SLP(C) No. 14330 of 2023, SLP(C) No. 14479 of 2023, SLP(C) No. 16509 of 2023, SLP(C) No. 26129 of 2023, SLP(C) No. 14866 of 2023, SLP(C) No. 14603 of 2023, SLP(C) No. 16088 of 2023, SLP(C) No. 15749 of 2023, SLP(C) No. 16733 of 2023, SLP(C) No. 16791 of 2023, SLP(C) No. 21098 of 2024, SLP(C) No. 14643 of 2023, SLP(C) No. 27480 of 2023, SLP(C) No. 18601 of 2023, SLP(C) No. 18602 of 2023, SLP(C) No. 23467 of 2023, SLP(C) No. 18594 of 2023, SLP(C) No. 20556-20559 of 2023, SLP(C) No. 18605 of 2023, SLP(C) No. 20553 of 2023, SLP(C) No. 21789 of 2023, SLP(C) No. 20525-20526 of 2023, SLP(C) No. 21100 of 2024, SLP(C) No. 21792 of 2023, SLP(C) No. 21770 of 2023, SLP(C) No. 20527 of 2023, SLP(C) No. 20561 of 2023, SLP(C) No. 21778 of 2023, SLP(C) No. 23885 of 2023, SLP(C) No. 22073 of 2023, SLP(C) No. 23486 of 2023, SLP(C) No. 6439 of 2024, SLP(C) No. 695 of 2024, SLP(C) No. 26128 of 2023, SLP(C) No. 23298 of 2023, SLP(C) No. 24571 of 2023, SLP(C) No. 24572 of 2023, SLP(C) No. 26389 of 2023, W.P.(C) No. 1232 of 2023, SLP(C) No. 27482 of 2023, SLP(C) No. 27484 of 2023, SLP(C) No. 694 of 2024, W.P.(C) No. 1216 of 2023 (X), SLP(C) No. 25407 of 2023, SLP(C) No. 27481 of 2023, SLP(C) No. 26752 of 2023, SLP(C) No. 27483 of 2023, SLP(C) No. 693 of 2024, SLP(C) No. 692 of 2024, SLP(C) No. 15820 of 2024, SLP(C) No. 2785 of 2024, SLP(C) No. 16085 of 2024, SLP(C) No. 3204 of 2024, SLP(C) No. 16084 of 2024, SLP(C) No. 6440 of 2024, SLP(C) No. 8744 of 2024, SLP(C) No. 9576 of 2024, SLP(C) No. 16095 of 2024, SLP(C) No. 15822 of 2024, SLP(C) No. 15823 of 2024, SLP(C) No. 12077 of 2023 (XI), SLP(C) No. 9577-9579 of 2023, SLP(C) No. 8685-8686 of 2023, SLP(C) No. 11907 of 2023, SLP(C) No. 14544 of 2024, SLP(C) No. 14481 of 2024, SLP(C) No. 23736 of 2024.
Decided on : 29-04-2025

Headnote:(A) Systematic failure of statutory authorities; violations of real estate regulations; allegations of collusion between builders and banks - A batch of over 170 petitions from homebuyers highlighting failures resulted in coercive actions against them despite incomplete units. The Court found evidence of an unholy nexus between builders and banks leading to a need for CBI investigation. (Paras 1, 2, 5, 7)

(B) Preliminary inquiries into potential collusion between banks and builders - CBI is directed to conduct investigations based on recommendations from the Amicus Curiae, focusing on tripartite agreements and securing justice for homebuyers. (Paras 10-12)

Facts of the case:
Homebuyers faced illegal demands for EMIs for incomplete properties from banks under subvention schemes. Many cases had been escalated to this Court after being denied relief in the High Court.

Findings of Court:
The Court acknowledged the widespread issues of non-compliance and directed the CBI to initiate investigative inquiries into the builder-bank relationships affecting homebuyers.

Issues: The primary issues concerned the accountability of builders in relation to uncompleted housing projects, the legality of demanding EMIs from homebuyers, and the necessity of regulatory compliance by financial institutions.

Ratio Decidendi: The court emphasized the need for a thorough investigation into the nexus between banks and developers and highlighted statutory failures that led to homebuyers' financial duress.

Result: The CBI is directed to register seven Preliminary Enquiries and report back to the Court.

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, is that the builders/developers advertised the 'subvention schemes' assuring payment of the EMI/pre-EMI(s) of the home-loans taken by the homebuyers to purchase the units in their projects till a specified cut-off date or till the date of delivery of possession. The scheme was implemented in most cases by taking loans through a tripartite agreement among the bank/financial institution, homebuyer(s), and the builder/developer. While these projects were launched in the years 2013-2015, most of the builder/developers started defaulting in payment of EMIs in the years 2018-2019. Resultantly, the banks began to demand payments from the homebuyers, and consequential failure to make the payments led to the coercive actions against the homebuyers, despite the units being incomplete and there being no occasion to offer possession.

3. Some of the aggrieved homebuyers approached the High Court of Delhi, and having failed to get the desired relief, they have approached this Court under Article 136, while some others have invoked the writ jurisdiction of this Court for similar reliefs.4. When the matter came up for hearing on 05.11.2024, this Court directed the parties to furnish the detailed information relating to the following aspects:

"(i) The status and details of the payments made by the builder-cum-developers to the financial institutions or such payments made by the home-buyers to the financial institutions/builder-cum-developers.

(ii) The date of offering possession to the home-buyers, where the project is stated to have been completed.

(iii) The current status of completion of the project, including the details of the Completion Certificate and other statutory certificates granted by the prescribed authorities, along with details of the possession given or offered to the home-buyers.

(iv) The status of recovery from the home-buyers, namely, whether they have made EMI payments to the banks or not.

(v) The amenities advertised by the builder-cum-developers at the time of launching the project and the status re: completion thereof.

(vi) The status as to whether the builder-cum-developers has undergone CIRP (under IBC) or any other coercive or non-coercive recovery procedure, and the stage of such proceedings.

(vii) Whether the home-buyers have received any relief or remedial order from the statutory authorities like Real Estate Regulatory Authority (RERA). If so, the details of such orders be also furnished."

5. On receipt of that information, this Court, on 04.03.2025, prima facie found that there was some unholy nexus between the banks/Housing Financial Corporations on one hand and the builder-cum-developers on the other. It was in this context that the Central Bureau of Investigation was asked to be represented on the next date of hearing.

6. On 18.03.2025, le

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top