Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India – Art.32 – Directions sought in respect of a real estate project u/Art.32 – Held: The reliefs sought by the petitioner would involve the Court in an adjudicative process in determining whether (i) all the agreements should be cancelled; (ii) whether money which is paid by the home buyers should be refunded; or in the alternative (iii) whether judicial directions are necessary to ensure that the project is constructed and the premises are handed over within a reasonable time – The writ petition u/Art. 32 has been filed by a singular home buyer without seeking to represent the entire class of home buyers – The petition proceeds on the implicit assumption that the interest of all the buyers are identical – There is no basis to make such an assumption – All buyers may not seek a cancellation and refund of consideration – Apart from this aspect, the petitioner seeks other reliefs in aid of the primary relief, including the constitution of a Committee presided over by a former Judge of the Supreme Court for the purpose of handling the projects of the developer where moneys have been taken from home buyers – There are specific statutory provisions holding the field, including among them: (i) The Consumer Protection Act 1986 and its successor legislation; (ii) The Real Estate (Regulation and Development) Act 2016; and (iii) The Insolvency and Bankruptcy Code 2016 – Insofar as the remedies of a criminal investigation are concerned, adequate remedies are available in terms of the Code of Criminal Procedure 1973 – The Court has no reason to doubt the genuineness of the grievance which has been espoused by the petitioner – However, the issue is whether his recourse to Art. 32 is the correct remedy when alternative modalities are available and particularly since the engagement of the Court in a petition of this nature would involve a supervision which does not lie within the province of judicial review – In view of the statutory framework, both in terms of civil and criminal law and procedure, entertaining a petition u/Art. 32 would be inappropriate – Hence, petition u/Art.32 declined. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 77 |
Petitioner | Upendra Choudhury |
Respondent | Bulandshahar Development Authority & Ors. |
SCR | [2021] 1 S.C.R. 525 |
Judgement Date | 2021-02-11 |
Case Number | 150 |
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