Tag: Supreme Court

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Renting a Flat Doesn’t Strip Homebuyers of Consumer Rights: SC

NEW DELHI: The Supreme Court has ruled that simply renting or leasing out a residential apartment does not automatically remove the buyer’s status as a “consumer” eligible for rights under consumer protection laws. A bench composed of Justices Prashant Kumar Mishra and N V Anjaria stated that the responsibility lies with the property builder to demonstrate that the primary reason for purchasing the apartment was for “commercial purposes” to exclude the buyer from being classified as a “consumer.” The bench noted that section 2(1)(d) of the Consumer Protection Act defines a “consumer” as anyone who purchases goods or services for…

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SC aids Supertech buyers, upholds NCLAT order for NBCC takeover

NEW DELHI: The Supreme Court has intervened to assist thousands of frustrated homebuyers who have waited nearly two decades for their dream homes. On Thursday, the court upheld an NCLAT directive for the state-owned NBCC to swiftly complete 16 housing projects by the financially troubled realty firm Supertech Limited. The court has prohibited all tribunals and high courts from issuing orders that could hinder construction efforts by the National Buildings Construction Corporation (NBCC) Limited. A bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, invoked its extraordinary powers under Article 142 of the Constitution, affirming the December 12, 2024,…

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SC asks Maharashtra govt, civic body to respond on slum rehab plea

File photo NEW DELHI: On Monday, the Supreme Court sought responses from the Maharashtra government and the Municipal Corporation of Greater Mumbai regarding a petition that challenges a Bombay High Court ruling allowing slum rehabilitation schemes on plots originally designated for parks, gardens, and playgrounds. On June 19, 2025, the Bombay High Court upheld the legitimacy of a regulation concerning slum rehabilitation schemes, seeking to balance Mumbai’s critical need for green spaces with the constitutional right to shelter. It endorsed Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations (DCPR) 2034, which permits the execution of slum rehabilitation schemes on…

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SC: No tolerance for Unitech project order non-compliance

NEW DELHI: The Supreme Court stated on Thursday that it will take a stringent stance against any state authorities that fail to comply with its orders regarding the real estate group Unitech Ltd. The court cautioned against any impediments to the completion of stalled housing projects. A bench comprising Justices J B Pardiwala and K V Viswanathan established a priority schedule for addressing issues related to Unitech and mandated that state development authorities—such as the Noida Authority, Greater Noida Authority, and Haryana’s Town and Country Planning Department—must grant all necessary approvals. The bench indicated, “We will seriously consider any non-compliance…

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SC Urges Delhi Court to Consider CBI Charges on Builders-Banks Nexus

NEW DELHI: The Supreme Court directed a special CBI court to take cognizance within two weeks of three chargesheets filed by the agency concerning the “unholy nexus” between banks and developers that has defrauded homebuyers in NCR, and to proceed with the trial. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was informed by Additional Solicitor General Aishwarya Bhati, representing the CBI, that significant progress in investigating all 25 homebuyer cases would be achieved by March. Last July, the court permitted the CBI to initiate 22 cases regarding the nexus between banks and…

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HC Seeks Noida’s Response to SC Order on Land Payment

NOIDA: The Allahabad High Court has requested clarification from the Uttar Pradesh government and Noida Authority regarding compliance with the Supreme Court’s July 10, 2024, ruling mandating compensation to landowners under the 2013 Land Acquisition Act. A division bench consisting of Justices Mahesh Chandra Tripathi and Kunal Ravi Singh has sought information about whether the compensation has been reassessed and issued according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which generally offers higher payments including revised market value, solatium, and interest. The Noida Authority acquired land for industrial development under the…

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SC: Homebuyers, RWAs can’t join developers’ insolvency process

NEW DELHI: The Supreme Court ruled on Thursday that homebuyers’ societies, or Resident Welfare Associations (RWAs), generally established for the maintenance and management of common facilities in housing projects, do not possess the right to intervene in the insolvency proceedings of the developer company. A bench comprising Justices JB Pardiwala and R Mahadevan upheld the insolvency proceedings against Takshashila Heights India Private Ltd under the Insolvency and Bankruptcy Code of 2016. It specified that if creditors aim to utilize the provisions of the code, they must genuinely seek to revive the corporate debtor. The court stated, “If revival is not…

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SC Requests Uttarakhand to Report on Illegal Forest Land Constructions

NEW DELHI: The Supreme Court criticized the Uttarakhand government for “persistent negligence” and requested a detailed report including a site plan that outlines illegal constructions on forest land in the state. A bench consisting of Chief Justice Surya Kant and Justice Joymalya Bagchi highlighted their serious concerns over the large-scale and systematic encroachment on forest land in Uttarakhand. They indicated plans to broaden the scope of legal proceedings to investigate the failure of state authorities to protect these lands. The court remarked that state officials seemed to collude with land grabbers, allowing encroachments and then attempting to legitimize them through…

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SC Requests UP Government Files on Amrapali for Faster OC Approvals

Supreme Court of India NOIDA: The Supreme Court has directed the Uttar Pradesh government to provide documents related to the distribution of completion certificates (CCs) and occupancy certificates (OCs) for Amrapali Group housing developments. The court emphasized that the process should not be held up due to the absence of documents from the now-defunct developer. This order is part of ongoing efforts to address the longstanding case impacting thousands of homebuyers. A bench comprised of Justices Sanjay Kumar and Satish Chandra Sharma, during proceedings on December 11, instructed Noida Authority, Greater Noida Industrial Development Authority (GNIDA), and related agencies not…

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Insolvency Cases Surge, Straining NCLT amid Infra Issues

NEW DELHI: The Insolvency and Bankruptcy Code (IBC) framework in 2025 faced increasing stress on timelines and capacity, with resolution processes often extending beyond statutory deadlines. This scenario persists despite the National Company Law Tribunal’s (NCLT) efforts to manage its limited resources. Senior advocates and legal experts have raised alarms over systemic delays, indicating that nearly 10,000 cases remain stuck at the admission stage, with over Rs 10 lakh crore in distressed assets at stake. Additionally, nearly 24 out of 30 NCLT courts are operating on half-day schedules. The delays can be attributed to a combination of limited capacity, repeated…