NDLI: Delhi Development Authority Vs. Skipper Construction and Anr.

Delhi Development Authority Vs. Skipper Construction and Anr.

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Delhi Development Authority Vs. Skipper Construction and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950-Articles 129 136 and 142
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India, 1950-Articles 129, 136 and 142: Substantive Justice-Rendering of-Appointment of Justice Bahri Commission-Direction to look into diversion of funds of Skipper Towers- In respect of project 'B'-On the basis of the documents, accounts of Company were found to be cooked up-Company found to have plundered the purchasers and harnessed everything to its personal and private advantage-Objections to the Report-Held: Report of the Commission accepted as it is on the basis of detailed data- Objection not acceptable as the cost given by the Company is hypothetical and based on incomplete and manipulated data. Diversion of funds of Skipper Towers-In respect of project 'T'- Company transferred its rights to other Company-Exonerated having transferred its rights-Transferee Company granted time to pay the claimants-Permission for construction subject to certain conditions-Direction for appointment of a Judicial Officer to scrutinize the claims of all the claimants. Justice Bahri Commission was appointed pursuant to the order passed by this Court, directing it to look into diversion of funds of Skipper Tower (Pvt.) Ltd. In respect of the project at 22, Barakhamba Road, information furnished to the Commission by the Company were in the shape of copies of ledgers and a report of Chartered Accountant. Commission obtained the copies of the Balance Sheet and Director's reports of various companies of Skipper group from the Registrar of ' Companies. The Commission found that Skipper Sales Ltd. and Skipper Towers Ltd. were two Companies; that Skipper Sales used to give loans to its sister concerns; that the project was started initially by Skipper Sales (Pvt.) Ltd. in 1983. As per balance sheet and financial statement of Skipper Towers Rs. 12,85,06,335 was collected as booking amount. Company stated that in respect of the Project Rs. 10,64,51,055 was spent during the period from 1983 to 1992. But the report of Government valuer showed that the cost of construction of the basement up to 10th floor was Rs. 36,89,312. The total expenditure for the project was Rs. 6,47,77,714. The balance of Rs. 6,37 ,28,621 was used for giving loans to sister concerns. The Commission observed that the Skippers plundered the purchasers and harnessed everything to personal and private advantage. Company objected to the report of the Commission that the cost of construction had been taken at a lower figure, and with reference to CPWD rates and Plinth Area rates of MCD, the cost of construction was much higher. In respect of the project Technology Parks Ltd. at Vaishali Parks Apartment, Plot Nos. 23 and 26 were allotted by Ghaziabad Development Authority to 'K' and 'C' respectively. The possession of the plots were handed over to them. As they had not paid the bahince 50% of the amount, the allotments were cancelled. In the meantime 'K' had constructed bare structure up to 9 floors including the basement against sanction of 15 floors, but no booking had been done for sale of flats. 'C' claimed that the total cost of construction incurred by it was Rs. 2,17,00,000 and it had collected Rs. 1,43,29,344 as booking amount. 'K' and 'C' transferred their rights to Technology Parks Ltd. (TPL) for a consideration of Rs. 8775 lakhs and 30 lakhs respectively. Subsequently both the plots were transferred to 'S' by Technology Parks Ltd. (TPL) 619 people claimed to have made the booking in the respective plots. Out of them 360 claimants sought refund of their amounts and 230 claimed for allotment. There were only 28 sanctioned plots as against 230 claimants. 'S' had deposited the balance amount with GDA and it was considered fresh sanction. Before this Court allottees claiming allotment were ready to accept the refund. TPL submitted that since it had transferred the interest to 'S', it had no subsisting interest. 'C' claimed that the deposit made by 'S' to GDA was on its behalf. 'S' submitted that if it is granted time, it will pay all the claimants and if construction is permitted, it will refund the amount with interest.
Judge	Hon'ble Dr. Justice Arijit Pasayat
Neutral Citation	2005 INSC 188
Petitioner	Delhi Development Authority
Respondent	Skipper Construction And Anr.
SCR	[2005] 3 S.C.R. 313
Judgement Date	2005-04-07
Case Number	21000

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