VidhiSangh

Supreme Court of India · 23/07/2019

BIKRAM CHATTERJI & ORS versus UNION OF INDIA & ORS.

[2019] 9 S.C.R. 289 · 2019 INSC 799

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Summary

Accepting the forensic audit of diversion of Amrapali homebuyers’ funds, the Court cancelled the group’s RERA registrations and project leases, vested lessee rights in a Court Receiver and directed completion through NBCC. In the exceptional facts, the authorities and banks could not recover their dues from buyers or the housing projects; recovery lay against other attached assets and responsible persons. Completion certificates, conveyances and utilities were directed, alongside buyers’ balance payments, restoration of diverted funds, investigations and disciplinary proceedings. The cases remained pending for supervision.

Issues

  1. Whether diversion of homebuyers’ funds and official failures warranted cancellation and supervised completion of the projects.
  2. Whether banks and development authorities could enforce their claimed charges against homebuyers and project land.
  3. What directions were required to secure completion, title, recovery of diverted funds and accountability.

Provisions considered

Held

Result

Directions issued cancelling RERA registrations and project leases, vesting rights in the Receiver and securing NBCC completion, buyer payments, conveyances and utilities. Project assets protected from banks’ and authorities’ recovery on these facts; other attached assets remained available. Audit-based restitution, investigations, disciplinary action and government measures directed. Cases retained for further hearing on 9 August 2019.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 289.