New Delhi, Mar 4 (UNI) The Supreme Court on Tuesday dismissed a writ petition filed by homebuyers of Project Greenopolis in Gurgaon, who have been waiting for their dream homes for the past 12 years.
The Court directed the petitioners to approach the appropriate forum, such as the High Court, before seeking intervention from the apex court.
A Bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma dismissed the plea filed under Article 32, granting liberty to the petitioners to move an appropriate jurisdictional court or forum.
The petition was filed by the Homebuyers Association (GWA), representing affected buyers who invested in Project Greenopolis, a joint development by Orris and Three C. After collecting Rs 1,200 crore from homebuyers, the project was stalled in 2016, leaving buyers in limbo.
The association initially filed a complaint with the Haryana Real Estate Regulatory Authority (HRERA) in 2018. HRERA subsequently passed orders in January 2019 and October 2020. However, complications arose when builder Three C allegedly initiated a fraudulent Corporate Insolvency Resolution Process (CIRP) through its contractor, while the other builder, Orris, took over the project.
Orris also assumed control over Rs 53 crore lying in Three C’s escrow account, promising to complete the remaining work and deliver possession to all allottees.
Despite HRERA and the National Company Law Tribunal (NCLT) directing the handover of the project and funds to Orris, the builder has refused to provide possession to homebuyers who had paid money to Three C.
The homebuyers have accused builders of exploiting the Real Estate (Regulation and Development) Act (RERA) and the Insolvency and Bankruptcy Code (IBC) to their advantage. They allege that HRERA has failed to enforce its orders and has been unable to compel Orris and Three C to complete the project.
In their plea before the Supreme Court, the homebuyers sought directions for HRERA, the Department of Town and Country Planning (DTCP), and the State to develop a plan for handing over the unfinished project to a third party, such as NBCC, to ensure its completion and possession for buyers who have been waiting for 12 years.
The Supreme Court, however, dismissed the writ petition, stating that the homebuyers should first approach the appropriate court or forum, including the High Court, before seeking relief from the apex court.
The homebuyers were represented by Senior Advocates Dama Seshadri Naidu and Venket Rao, along with Advocate on Record (AoR) Sanyat Lodha.
