Working On "Uniform Proposal" To Address Homebuyers' Grievances: Government
The Centre told the Supreme Court on Thursday that it is working on a "uniform proposal" to address the grievances of homebuyers who are left in the lurch by erring realtors after having paid their hard earned money. The top court observed that it may use its plenary power under Article 142 of the Constitution to protect the interest of over 21,000 home buyers in the Jaypee Infratech case, if their grievances are not addressed.
It asked the contesting parties before the National Company Law Appellate Tribunal (NCLAT) to try to reach a common ground for arriving at a decision.
A bench of Justices A M Khanwilkar and Dinesh Maheshwari deferred the hearing for July 18, after the Centre told the court that NCLAT will hear the matter on July 17.
Additional Solicitor General Madhvi Diwan, appearing for the Centre, informed the court that hearing before the NCLAT is scheduled for July 17 and it would be better to await its outcome.
She said that the Centre is working on a uniform proposal to address various grievances of aggrieved home buyers and it will be submitted in the pending Unitech home buyers case by July 23, as per the direction of the top court in that matter.Â
Ms Diwan said that ministry officials have informed her that they are working on a uniform proposal which would take care of various issues of the home buyers.
The counsel appearing for the home buyers said they have an apprehension that Jaypee Infratech Ltd (JIL) may be sent for liquidation which could hamper their interest.
To this, the bench said that even if NCLAT sends the company for liquidation, the top court has enough plenary powers under Article 142 of the Constitution to protect the interest of home buyers.
The counsel then referred to the Unitech homebuyers case where the government recently indicated that it may take over the stalled projects and said that similar relief can be granted to the home buyers in Jaypee case.
To this, the bench said that any new revised or fresh proposal if made by the parties can come up before the NCLAT.
The top court had on July 9 asked the Centre to come out with a "uniform" proposal for all cases to resolve the difficulties being faced by lakhs of home buyers who have not yet got possession of flats despite paying huge amounts of money to real estate builders.
The top court, which was hearing a homebuyers matter related to JIL, said the issue concerns lakhs of flat buyers and the Centre should give a concrete proposal to resolve it.
"This issue will be bothering lakhs of home buyers. Within the IBC (Insolvency and Bankruptcy Code), we cannot do anything. But outside it, you (Centre) can suggest something. We can consider that," the court had said.
The court's observation had come during the hearing of a plea which has sought that JIL be not sent into liquidation, although the deadline for the corporate insolvency resolution process is over, as it would cause "irreparable loss" to thousands of homebuyers.
The top court had on August 9 last year ordered re-commencement of the resolution process against JIL and barred the firm, its holding company and promoters from participating in the fresh bidding process.
It had also allowed the Reserve Bank of India to direct banks to initiate corporate insolvency resolution proceedings (CIRP) against Jaiprakash Associates Ltd (JAL), the holding company of JIL, under the IBC.
It had said there was "no manner of doubt" that JAL and JIL lacked financial capacity and resources to complete unfinished housing projects in which over 21,000 home buyers had not been given the possession of their flats till then.
The fresh plea filed in the top court has sought a direction that an "independent and thorough forensic audit" of JIL should be conducted from the date of its incorporation.
Referring to the top court's last year order, the plea has said, "The court had made a conscious effort to avoid liquidation of Jaypee Infratech Limited. However, the events as have unfolded subsequent to the passing of the judgment have frustrated the efforts as made by the court."
As per top court's direction, the 270 days for completion of CIRP have concluded on May 6, it has said.
"Till date only two serious bids have been received by the Committee of Creditors. One bid has been submitted by National Buildings Construction Corporation Limited, whereas the other has been submitted by Suraksha ARC. None of the said bids have been accepted by the Committee of Creditors till date," the plea has said, claiming that "threat" of JIL going into liquidation is "turning into a reality with each passing day".
It said if no resolution plan is accepted till May 6, JIL would "automatically go into liquidation", leaving thousands of home buyers without any remedy.
Seeking forensic audit of JIL, the plea alleged that "diversion of funds in the present case is on an even larger scale than that of projects developed by Amrapali Group of Companies".Â
-
Swiggy vs Eternal: Food Delivery's Two Rivals Are No Longer In The Same Race
Eternal is building a private AI assistant, dark.ai. Swiggy is still working out how to make Instamart pay, with an operating loss of Rs 895 crore in the July-September quarter while Blinkit stayed profitable.
-
Where You Live Shapes How You Get To Work | The Reason Why
Two-wheelers are the most popular way to get to work in India, accounting for nearly 43% of workplace commutes.
-
High US Salaries, No Green Card Certainty: The Financial Calculation Facing Indian H-1B Families
The suspension of PERM processing at eight technology employers does not cancel existing H-1B visas. What it does is force a question many Indian families have been avoiding: is the US salary worth tying your career and family plans to one employer?
-
Unhedged Position: Can India See An Indonesia-Style Time Correction?
The Nifty is trading below levels it first clocked in 2024. Is there, then, as I have suggested in the headline, potential that the current time correction drags on painfully for the next three-five, even ten years?
-
Navigating Friction And Energy Realities: An Analysis Of Marco Rubio's October Visit To India
Occurring at a critical juncture marked by stalled trade negotiations and escalating geopolitical pressures over global energy supplies, the visit offers a profound window into modern US-India relations.
-
India Exports Capital. Why Not Export Trusteeship?
The big question, then, is whether India can build an institution that global borrowers, investors, banks, and lawyers can trust, even without an Indian connection.
-
France's Economy & Politics Are In Crisis | The Reason Why
Let's look at how the French economy and politics evolved under Nicolas Sarkozy, Franois Hollande and Emmanuel Macron.
-
You May Inherit The Business. You Must Earn Its Credibility.
Succession tests the founder's ability to share authority as much as it tests the next generation's readiness to assume it.
-
Signing Deals Is One Thing; Making Them Work Is Another | The Week In Whys
Sometimes, things don't turn out as planned. Indian companies have lost some bids to rivals, some projects won't produce until 2030.
-
FOMC Wall, PERM Suspension, Hospital Stocks | Talking Points This Week
A PERM suspension would directly affect green-card sponsorship rather than H-1B visas, so the near-term earnings impact could remain relatively limited. The key question is whether this marks a new phase in US scrutiny of Indian IT.