BIKRAM CHATTERJI & ORS versus UNION OF INDIA & ORS.

Citation: [2021] 6 S.C.R. 887 · Decided: 29-06-2021 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Disposed off

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Judgment (excerpt)

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BIKRAM CHATTERJI & ORS
v.
UNION OF INDIA & ORS.
I.A. No.168186 of 2018, I.A. No. 109882 of 2020, I.A. No.114865 of
2020, I.A. No.153341 of 2019, I.A. No.120307 of 2020, I.A.
No.123299 of 2020 And I.A. No. 6397 of 2021
(IN RE.: LA-RESIDENTIA PROJECT)
In
(Writ Petition (Civil) No. 940 of 2017)
JUNE 29, 2021
[UDAY UMESH LALIT AND ASHOK BHUSHAN, JJ.]
Housing: Residential project – Project to be developed by
the Company concerned was widely advertised through brochures
and advertisements as ‘Amrapali La Residentia’ project, promising
delivery of apartments within 36 months – Claim of flat buyers –
Writ Petition filed in Supreme Court submitting that amounts invested
by the apartment holders were siphoned away by the Amrapali Group
of Companies – While entertaining the writ petitions, Supreme Court
directed audit by forensic auditors – Observations of forensic
auditor quoted with approval by Supreme Court in its Judgment
dated 23.07.2019 – Another order dated 14.10.2019 subsequently
passed by Supreme Court – Prayer in interim applications either
seeking recall of Supreme Court orders dated 23.07.2019 and
14.10.2019 or revisit of the issue whether the Company ought to be
declared as part of the Amrapali Group of Companies – Tenability
– Held: Not tenable, more particularly because of the developments
with respect to the instant project – Unlike all the other projects of
the Amrapali Group which were made over to the NBCC, the
development with respect to the instant project has always been an
on-going process – Further, if the instant project is now handed
over to the NBCC, it would result in escalation in costs to the
detriment of the flat buyers – That apart, the interest of the Amrapali
Group of Companies and consequently that of the flat buyers who
had invested money in other Amrapali Projects already stood
quantified at 19.75% by Orders dated 23.07.2019 and 14.10.2019
[2021] 6 S.C.R. 887
887
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SUPREME COURT REPORTS
[2021] 6 S.C.R.
– Considering all the features of the matter, it would not be just and
proper to hand over the development at this stage to the NBCC – It
would not be appropriate to recall the orders dated 23.07.2019
and 14.10.2019 or to revisit the issue whether the Company could
be declared to be part of the Amrapali Group of Companies –
However, directions passed to secure the amounts receivable by
Amrapali Group of Companies through the instant project –
Applications under consideration accordingly disposed of.
CIVIL ORIGINAL JURISDICTION: I.A. No.168186 of 2018,
I.A. No. 109882 of 2020, I.A. No.114865 of 2020, I.A. No.153341 of
2019, I.A. No.120307 of 2020, I.A. No.123299 of 2020 And I.A. No.
6397 of 2021.
(In Re.: La-residentia Project)
In
Writ Petition (Civil) No. 940 of 2017.
(Under Article 32 of The Constitution of India)
Vikramjit Banerjee, ASG., R. Venkataramani, Parag Tripathi, Joy
Basu, Gopal Sankarnarayanan, Sr. Advs., Ravindra Kumar, M. L. Lahoty,
Paban K Sharma, Anchit Sripat, Himanshu Shekhar, Mukul Singh, Vibhu
Shankar Mishra, B. V. Balaram Das, Kanak Bose, Varun Sarin, Ms.
Mishika Bajpai, Ashok Mathur, Raj Kamal, Maheen Pradhan, Aseem
Atwal, Kartavya Batra, Avish Bhati, Mohit Chaudhary, Ms. Puja Sharma,
Kunal Sachdeva, Chowdhary Zulfar Ali, Ms. Garima Sharma, Ms.
Vardhan Gupta, Paras Mithal, Parveen Kumar for M/S. Kings And
Alliance LLP, MS. Sunita Yadav, Abhigya Kushwah, Siddharth Rajkumar
Murarka, Pradeep Kumar Dubey, Ms. Anamika Kushwaha, Ms. Nandita
Rao, Shashank Shekhar, Mrs. Mahija Reddy, K. N. Agnihotri, Virender
Arora, Sanjay Kapur, Ms. Megha Karnwal, V M Kannan, Arjun Bhatia,
Lalit Rajput, Yajur Bhalla, Vijay Kumar Diwedi, Akhilesh Kumar Pandey,
Ashish Bajpayee, Deepak Samota, Shubham Bhalla, R. K. Awasthi,
Prashant Kumar, Ms. Ritu Arora, Piyush Vatsa, Santosh Kumar-I, Vipul
Ganda, Vishal Ganda, Satyajit A. Desai, Satya Kam Sharma, Saransh
Kothari, Ms. Anagha S. Desai, Pradhuman Gohil, Ms. Taruna Singh
Gohil, Ashish Kabra, Mohammad Kamran, Ms. Ranu Purohit, Ms. Tanya
Srivastava, Ms. Jasleen Bindra, Divyakant Lahoti, Parikshit Ahuja, Ms.
Praveena Bisht, Ms. Madhur Jhavar, Ms. Vindhya Mehra, Kartik Lahoti,
Ms. Shivangi Malhotra, Dharmendra Kumar Sinha, Amit Sinha, Subodh
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Kr. Pathak, Sunil Rai, Ms. Richa Kapoor, Kunal Anand, Ms. Shalya
Agarwal, Ms. Surabhi Katyal, Ms. Monoj V George, Ranjit Philip, Ms.
Bhavika, Ms. Shilpa Liza George, Syed Mehdi Imam, Mohd Parvez
Dabas, Uzmi Jameel Husain, Mohd. Aamir Dubas, Ms. Jasmine
Damkewa

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