SC orders inquiry into stalled Greater Noida housing project, appoints ex-HC judge to head probe
Supreme Court appointed ex-Allahabad HC judge Pankaj Naqvi to lead one-member panel; suggest a solution for completing a stalled Greater Noida housing project.
New Delhi, Nov 7 (PTI) In a significant verdict, the Supreme Court on Friday set up a one-member committee headed by former Allahabad High Court judge Pankaj Naqvi for conducting a comprehensive inquiry and suggesting a practical roadmap for completing a stalled housing project at Greater Noida in Uttar Pradesh.
The court's verdict, directing an independent inquiry into a long-pending housing dispute, involved the Golf Course Sahkari Awas Samiti (formerly JP Greens Employees Sahkari Awas Samiti) and the Greater Noida Industrial Development Authority (GNIDA).
The dispute has affected hundreds of homebuyers awaiting possession of their flats for nearly two decades.
"The facts and circumstances would clearly indicate that the original allotees who dreamt of a roof over their heads have been struggling in a losing cause for the last nearly 20 years.
"It is apparent that the petitioners/applicants/allottees have endured immense hardship for all this time, apart from losing their hard-earned money, and have been embroiled in an administrative logjam and prolonged litigation," said a bench of Justices Vikram Nath and Sandeep Mehta.
Writing the 51-page verdict, Justice Mehta said despite pursuing remedies before various fora, the grievances of the homebuyers remain unredressed.
"We are of the considered view that this unsavoury state of affairs cannot be allowed to continue indefinitely and the issue has to be taken to its logical conclusion. While it is imperative to ensure some measure of relief to the genuine allottees, it is equally important to guard against any fraudster or imposter staking a false claim on the legitimate entitlement of the genuine allottees, thereby taking undue advantage of the prevailing uncertainty," the verdict said.
To ensure an expeditious and efficacious resolution, the constitution of an independent committee under the aegis of a former judge has become indispensable, it added.
"Hence, we are inclined to form a one-judge committee, headed by a former judge of the Allahabad High Court, to undertake a detailed inquiry into the entire factual matrix and give suggestions for a suitable resolution," it said.
The committee has been directed to submit its report to the court within four months of commencing its work.
The Uttar Pradesh government, the GNIDA, the housing commissioner of the Uttar Pradesh Awas Evam Vikas Parishad, the district magistrate of Gautam Buddh Nagar and all the banks concerned have been ordered to cooperate with the panel.
Outlining the detailed terms of reference for the committee, the verdict said it "shall scrutinise all records, agreements, correspondences, approvals and other materials pertinent to the issue, including the affidavits filed by concerned authorities before this court, and identify the genuine allottees of the housing project".
The panel will prepare a list of such allottees who are willing to join together for the development and completion of the housing project, it said.
It tasked the panel with initiating consultation with the GNIDA to explore the restoration of the lease, fully or partially, upon the payment of the dues.
The panel would devise a fair mechanism for proportional payment of the outstanding land dues by the allottees.
"Prepare a comprehensive plan in consultation with all the stakeholders for the development and completion of the housing project in a time-bound manner," the court said.
On the completion of the inquiry, the panel will submit a detailed report, setting out its findings and recommendations for facilitating the final resolution, it said, adding that the same be filed in a sealed cover within four months from the date of the initiation of the inquiry.
"The committee shall be entitled to formulate its own modalities and procedure for conducting the inquiry and the chairperson of the committee shall be entitled to a fixed honorarium to the tune of ₹15 lakh, which shall be paid in three equal tranches spread over a period of four months," it said.
The verdict came on the lead petition filed by Ravi Prakash Srivastava and others against a high court order.
The petitions arose out of a 2016 order of the Allahabad High Court that had disposed of the homebuyers' petition, without granting substantive relief.
The petitioners, original allottees of a group housing project in Greater Noida, had sought the restoration of the project's lease, cancellation of which in 2011 had stalled the construction.
The housing cooperative, registered under the Uttar Pradesh Cooperative Societies Act, was allotted Plot No. 7, Sector PI-2, Greater Noida, measuring 10,000 square metre, by the GNIDA in 2004 for the development of a flat-based residential project.
The project was to comprise four towers with approximately 140 flats and two shops. The construction was entrusted to Shiv Kala Developers Private Limited, led by director Mahim Mittal.
The project was marketed as a luxury complex under the name "Shiv Kala Charms". Prospective allottees made payments to the samiti, but receipts were reportedly issued in the names of different developer entities.
Although the project was pre-approved for housing loans by several banks, the payments to the GNIDA stopped in 2007. Following repeated defaults, the GNIDA cancelled the lease deed on September 9, 2011.
