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Supreme Court of India · 07/11/2022

BIKRAM CHATTERJI & ORS versus UNION OF INDIA & ORS

[2022] 9 S.C.R. 207 · 2022 INSC 1180

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Summary

In the Amrapali homebuyers' writ petition, the Court had earlier directed the Noida and Greater Noida Authorities to charge reduced, simple interest on outstanding lease premium. That relief was extended to builders other than Amrapali, on an application by the Ace Group. The Authorities applied for recall. The Supreme Court allowed it. The proceedings concerned only the peculiar position of Amrapali flat buyers. The Authorities had been given no adequate notice, and the Court did not know the impact of several thousand crores. Builders had accepted the contractual interest rate knowingly and passed it into flat prices. The objection that only review lay was held technical. The three orders were recalled as regards other builders, whose dues are to be recomputed taking the State Government's own reduction into account.

Issues

  1. Whether the orders reducing the interest chargeable by the Noida and Greater Noida Authorities should be recalled in so far as they extended to builders other than the Amrapali Group.
  2. Whether the Authorities' remedy lay only in review and not in an application for recall.

Provisions considered

Held

Result

Applications of the Noida and Greater Noida Authorities allowed; orders dated 10.06.2020, 19.08.2020 and 25.08.2020 recalled as regards builders other than the Amrapali Group; the Authorities to calculate the dues of such builders after taking into account the State Government's order dated 09.06.2020.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 207.