LexRAVI PRAKASH SRIVASTAVA & ORS. versus STATE OF UTTAR PRADESH & ORS.
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[2025] 11 S.C.R. 549 : 2025 INSC 1291 Ravi Prakash Srivastava & Ors. v. State of Uttar Pradesh & Ors. (Special Leave Petition (Civil) No. 9792 of 2017) 07 November 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration Challenge to the judgment of the High Court whereby it disposed of the writ petition without granting any substantive relief as prayed for by the petitioners-allottees in a Group Housing Project stalled for nearly two decades. Headnotes† 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 * Author 550 [2025] 11 S.C.R. Supreme Court Reports 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] List of Acts Uttar Pradesh Cooperative Societies Act, 1965; UP Cooperative Societies Rules, 1968; Penal Code, 1860; Constitution of India. List of Keywords Home buyers; Allottees; Group Housing Project; Housing Project; Greater Noida Industrial Development Authority (GNIDA); Golf Course Sahkari Awas Samiti; Shiv Kala Developers Pvt. Ltd.; Shiv Kala Charms; Developer; Independent fact finding authority; One-Judge Committee; Committee constituted; Enquiry Committee; Construction remained stalled; Allottees unable to take possession; Enquiry; Siphoning and diversion of funds by office bearers. [2025] 11 S.C.R. 551 Ravi Prakash Srivastava & Ors. v. State of Uttar Pradesh & Ors. Case Arising From EXTRA ORDINARY APPELLATE JURISDICTION: Special Leave Petition (Civil) No. 9792 of 2017 From the Judgment and Order dated 17.05.2016 of the High Court of Judicature at Allahabad at in WC No. 22576 of 2016 With Special Leave Petition (Civil) No. 15548 of 2017 Appearances for Parties Advs. for the Petitioners: Ms. Meenakshi Arora, Sr. Adv., Ms. Pyoli, Somesh Chandra Jha,
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