Housing – Group Housing Project – Stalled for nearly two decades – Prolonged litigation – Need for a comprehensive, structured examination by an independent fact-finding authority – In 2004, Greater Noida Industrial Development Authority (GNIDA) allotted a plot in favour of Golf Course Sahkari Awas Samiti (Samiti/Society) for a Group Housing Project – A lease deed was executed by GNIDA in favour of the Samiti – Thereafter, the construction of the project was purportedly entrusted to a Developer – Since no payment in respect of lease amount was being received by GNIDA, eventually, it cancelled the lease deed in September 2011 – Several complaints were lodged by the homebuyers with the authorities alleging large-scale siphoning, diversion of funds by the office bearers of the Samiti in collusion with the developer – Petitioners-allottees of the Housing Project filed Writ Petition before the High Court – Disposed of, without granting any substantive relief – Challenge to: Held: Original allotees have been struggling for the last nearly
20 years – Despite pursuing remedies before various fora, their grievances remain unredressed – Even after nearly two decades of booking their flats and making payments, some by taking loans from financial institutions, the allottees have been unable to take possession, as construction has remained stalled since September, 2011, i.e., from the date of cancelling of lease deed by GNIDA, owing to the fraudulent acts and irregularities committed by the office bearers of the Samiti/Society and the developer – All the original allottees are not before this Court, impeding the formulation of a comprehensive plan of action in respect of the development and completion of the Housing Project – Having regard to the protracted pendency of these proceedings spanning over several years, during which numerous interlocutory and impleadment applications were filed by persons asserting claims as original allottees of the Housing Project, coupled with the complexities arising from verification of such claims and the need to coordinate between multiple statutory authorities and agencies, the matter has assumed considerable administrative magnitude and intricacy – The overlapping issues of restoration of lease, identification of genuine allottees, proportional determination of land dues, and feasibility of completing the stalled construction necessitate a comprehensive, structured, and impartial examination under the supervision of an independent fact-finding authority – One-Judge Committee, headed by an Hon’ble Retd. Judge of High Court of Judicature at Allahabad constituted – Parameters of the Enquiry, stated – Committee to submit a detailed report setting out its findings, conclusions, and recommendations, facilitating the final resolution of the matter. [Paras 33, 36, 37, 39, 40]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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