NEW DELHI: In a pivotal decision, the Supreme Court on Friday established a one-member committee led by former Allahabad High Court judge Pankaj Naqvi to conduct a thorough inquiry and propose a practical roadmap for a stalled housing project in Greater Noida, Uttar Pradesh.
The court ordered an independent probe into a long-standing housing dispute involving the Golf Course Sahkari Awas Samiti (formerly JP Greens Employees Sahkari Awas Samiti) and the Greater Noida Industrial Development Authority (GNIDA).
This conflict has impacted hundreds of homebuyers who have been waiting for possession of their apartments for almost two decades.
“The evidence clearly shows that the original allotees, who aspired for secure housing, have been struggling without resolution for nearly 20 years. The petitioners have faced significant hardship, losing their hard-earned savings and entangled in administrative delays and prolonged legal battles,” stated Justices Vikram Nath and Sandeep Mehta.
In the 51-page ruling, Justice Mehta emphasized that despite seeking remedies from various authorities, the homebuyers’ issues remain unresolved.
“We believe this troubling situation cannot persist indefinitely and must reach a logical conclusion. While providing relief to genuine allottees is crucial, we must also protect against fraudsters claiming false rights, taking advantage of the ongoing uncertainty,” the ruling indicated.
The court highlighted the necessity of forming an independent committee headed by a former judge to ensure a speedy and effective resolution.
The committee has been instructed to present its report within four months of its establishment.
The Uttar Pradesh government, GNIDA, housing commissioner of the Uttar Pradesh Awas Evam Vikas Parishad, district magistrate of Gautam Buddh Nagar, and all relevant banks are required to assist the panel.
Detailing the committee’s objectives, the ruling instructed it to “scrutinize all relevant records, agreements, correspondences, and approvals, including affidavits submitted by authorities to this court, and identify the legitimate allottees of the housing project.”
The panel will compile a list of allottees willing to collaborate for the project’s development and completion.
It will also consult with GNIDA about restoring the lease, in full or partial, upon settling the outstanding dues, and develop a fair mechanism for proportional payment of such dues by the allottees.
“A comprehensive plan should be prepared in coordination with all stakeholders for timely development and completion of the housing project,” stated the court.
After the inquiry, the panel must file a detailed report, outlining its findings and recommendations for final resolution, in a sealed cover within four months of commencing the inquiry.
The committee is authorized to establish its own processes for conducting the inquiry. The chairperson will receive a fixed honorarium of Rs 15 lakh, disbursed in three equal installments over four months.
This verdict stems from a lead petition filed by Ravi Prakash Srivastava and others challenging a high court ruling.
The petitions relate to a 2016 Allahabad High Court order that dismissed homebuyers’ pleas without offering substantial relief.
Original allottees of a housing project in Greater Noida sought the restoration of the project’s lease, which was revoked in 2011, halting construction.
The housing cooperative, registered under the Uttar Pradesh Cooperative Societies Act, was allocated Plot No. 7 in Sector PI-2, Greater Noida, in 2004, measuring 10,000 square meters for a flat-based residential project.
The project included four towers featuring approximately 140 flats and two shops, with construction managed by Shiv Kala Developers Private Limited, led by director Mahim Mittal.
Marketed as a luxury complex named “Shiv Kala Charms,” prospective allottees made payments to the samiti, but receipts were issued under different developer names.
Despite being pre-approved for housing loans by various banks, payments to GNIDA ceased in 2007. Following continuous defaults, GNIDA canceled the lease deed on September 9, 2011.
