real estate scam - The Legal Chamber

The Supreme Court constituted a one-judge committee under a retired High Court Judge to investigate and resolve the complex issues surrounding the stalled housing project. The committee will verify genuine allottees, devise a mechanism for partial lease restoration with GNIDA, determine proportional dues, and formulate a comprehensive plan for the project's completion. 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 develop...

The Supreme Court ruled that the allotment of 11.89 hectares of reserved forest land in Pune for non-forest purposes violated Section 2 of the Forest Conservation Act, 1980 and the public trust doctrine. It quashed the illegal allotment to private builders, ordered restoration of the land to the Forest Department, and mandated a nationwide audit of similarly diverted forest lands. The judgment reaffirmed the state's fiduciary duty to protect forest resources and prohibited their conversion for commercial use without Central approval. Violations were held irreparable even under the doctrine of desuetude. Facts Of The Case: The case involved 11.89 hectares of reserved forest land in Pune's Kondhwa Budruk village, originally notified under the Indian Forest Act, 1878. In 1968, the land wa...

Tag: real estate scam

From Legal Dead End to Fresh Hope: Supreme Court’s Blueprint for Stalled Housing Projects

“Supreme Court Exposes Builder-Politician Nexus in Pune Pune Forest Land Scam”