Facts Of The Case:
In 2005, Golf Course Sahkari Awas Samiti (GCSAS) was allotted land in Greater Noida for a group housing project. The Samiti engaged a private developer, M/s Shiv Kala Developers, to build a luxury complex named “Shiv Kala Charms.” Prospective homebuyers, including the petitioners, booked flats and availed bank loans, which were disbursed directly to the Samiti. However, the Samiti and developer failed to pay lease dues to the Greater Noida Industrial Development Authority (GNIDA), leading to the cancellation of the lease deed in 2011.An inquiry committee later uncovered a massive fraud: funds were siphoned off, the same flats were allotted to multiple buyers, and fictitious flats were created to secure loans. Criminal proceedings were initiated against the officials. The homebuyers, left with neither flats nor their money, approached the Allahabad High Court seeking restoration of the lease and other reliefs. The High Court, in 2016, disposed of their petition without substantive relief, directing them to approach the Housing Commissioner or file a civil suit. Aggrieved, the homebuyers approached the Supreme Court, which, after prolonged hearings and verification of genuine allottees, has now constituted a one-judge committee to find a resolution for completing the stalled project.
Procedural History:
The procedural history of this case commenced with the filing of a writ petition (Writ-C No. 22576 of 2016) before the Allahabad High Court by the aggrieved homebuyers. The High Court, vide its order dated 17th May 2016, disposed of the petition without granting substantive relief, merely granting liberty to approach the Housing Commissioner or file a civil suit. Dissatisfied, the petitioners filed Special Leave Petitions (Nos. 9792 and 15548 of 2017) before the Supreme Court of India. The Supreme Court, after a protracted hearing process spanning several years involving multiple interlocutory applications, affidavits from authorities, and verification of genuine allottees, ultimately delivered the present judgement on 7th November 2025. The Court set aside the limited relief of the High Court and constituted a one-judge committee under a retired High Court judge to conduct a comprehensive enquiry and recommend a resolution for the stalled housing project.
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Court Observation:
The Supreme Court made key observations regarding the conduct of the parties and the nature of the dispute. It noted the protracted litigation and the utter failure of the Greater Noida Industrial Development Authority (GNIDA) to propose a viable plan for the dead project, despite repeated opportunities. The Court observed that the original allottees, cheated by a vanished builder, have been struggling for years and that their unsavoury predicament cannot be allowed to continue indefinitely.Critically, the Court acknowledged that the matter had assumed considerable administrative magnitude and intricacy, involving overlapping issues of lease restoration, identification of genuine allottees, determination of proportional dues, and the feasibility of completing stalled construction. It held that these complexities, coupled with the need to coordinate between multiple statutory authorities, necessitated a dedicated, expert-driven enquiry beyond conventional adjudication to reach a just and efficacious resolution for the genuine homebuyers.
Final Decision & Judgement:
In its final decision, the Supreme Court allowed the special leave petitions and constituted a one-judge committee headed by Hon’ble Mr. Justice Pankaj Naqvi (Retd.) of the Allahabad High Court. The Committee is tasked with a detailed enquiry to identify genuine allottees, consult with GNIDA on the possibility of partial lease restoration, devise a fair formula for apportioning outstanding dues, and prepare a comprehensive, time-bound plan for the project’s completion. The Court further empowered the Committee to explore the feasibility of auctioning unclaimed towers to fund the project. All relevant authorities and parties are directed to extend full cooperation, with the enquiry expenses to be borne equally by the verified allottees and the State of Uttar Pradesh. The matter is listed for 24th March, 2026 to receive the Committee’s report.
Case Details:
Case Title: RAVI PRAKASH SRIVASTAVA & ORS. vs. STATE OF UTTAR PRADESH & ORS. Citation: 2025 INSC 1291 Appeal Number: SPECIAL LEAVE PETITION (CIVIL) NO(S). 9792 OF 2017 Date of Judgement: 7th November, 2025 Judges/Justices Name:Justice Vikram Nath and Justice Sandeep Mehta
Download The Judgement Here