Back
Stalled Sushant Aquapolis Project: Supreme Court Directs GDA to After Road Access
In a significant boost for home buyers, the has cleared the way for implementing the for the stalled 'Sushant Aquapolis' group housing project in Ghaziabad. A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran directed the to the revised , conditioned on the developing a crucial access road.
The Court was hearing an appeal by , the SRA for the project promoted by the . The , approved under , had been stalled due to the GDA's refusal to renew the and approve the .
The Roadblock to Implementation
The core dispute revolved around a 24-meter-wide road that, according to GDA maps, runs along three boundaries of the GH-1 plot but was not functional. The SRA argued that without proper access, construction and project development could not proceed. Meanwhile, the third respondent, claiming ownership of the entire leasehold land, insisted that any approval must be routed through them and that the road development could not be undertaken unilaterally.
A Pragmatic Resolution
Having inspected the site and reviewed the GDA's affidavit detailing a compliance action plan, the Court devised a balanced solution. The SRA was permitted to develop the 24-meter-wide pathway on the north-eastern, south-eastern, and south-western boundaries of the GH-1 plot, without asserting any title over the land.
"We deem it appropriate that the SRA i.e., the appellant herein carry out the development of the pathway with the 24-meter width on the three boundaries of the plot GH-1, on which the appellant or their assignees shall not raise any
and then make necessary applications to the GDA. After completion of the project, they shall only be provided with access to the property through the said way, causing minimum disturbance to the road,"
the Court ordered.
Crucially, the Court clarified that the SRA cannot claim
over the entire road.
"The appellant or its assignees cannot claim access through the whole of the road on the three boundaries and the access will be, only at one point, as decided by the GDA. The said access shall not be exclusive and shall also be facilitated for use by the 3rd respondent who has properties around the plot GH-1,"
the bench noted.
Swift Government Response Applauded
The Supreme Court commended the proactive role of state authorities, specifically Mr. Nand Kishore Kalal, Vice-Chairman of GDA, and Mr. Guruprasad, Principal Secretary of the
. The Court recorded,
"We appreciate the alacrity with which Mr. Nand Kishore Kalal... and Mr. Guruprasad... responded to our directions; who had also been assisting us in Court, at the time of hearing."
Disposal and Future Course
With this order, the Civil Appeal was , with if further impediments arise. The SRA is now obligated to expeditiously complete the road development and submit the application through the FASTPASS portal, after which the GDA must it without delay, keeping the interests of home buyers paramount.
This judgment marks a crucial step in unlocking stalled real estate projects through the IBC framework, demonstrating judicial willingness to address practical hurdles in implementation.
