Every Housing Project Dispute Cannot Be Taken Up By Us: Supreme Court
CJI Surya Kant-led Bench says its ruling in the pending lead case will guide High Courts in dealing with similar disputes involving homebuyers and developers.
"We never thought that every day people would keep filing IAs, MAs and contempt petitions, and we would be stuck," the Chief Justice of India has remarked.
The Supreme Court has said it cannot entertain disputes concerning every stalled housing project across the country, observing that a growing number of petitions could delay the adjudication of a pending lead case involving real estate disputes.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing transfer petitions concerning stalled housing projects.
The petitioners' counsel argued that the projects had been abandoned and referred to related proceedings before various High Courts. The Court, however, said the issues raised in the petitions should await its decision in the lead matter, which is ready for final disposal.
"We are not inclined to entertain these transfer petitions because the main case, the lead case, is ripe for final disposal. Whatever principles are laid down by this Court, the High Courts will decide the pending cases accordingly," CJI Surya Kant said.
Court has also expressed concerns over repeated applications and contempt petitions diverting its attention from the final adjudication of the principal dispute. "We never thought that every day people would keep filing IAs, MAs and contempt petitions, and we would be stuck without deciding the main case. Better you wait," the Chief Justice remarked.
Justice Joymalya Bagchi clarified that the proceedings before the court-appointed amicus curiae could not be expanded to cover every stalled housing project in India. He said the amicus was examining complaints concerning a specific group of developer companies in respect of which the Court had already taken cognisance.
"It does not mean that every housing project in India has to be taken up by the amicus. The amicus is examining projects concerning a group of developer companies of which we have taken cognizance. Others will have to wait until we deliver a verdict. We are not going to burden the amicus as well as the Court with multiple litigations of a similar nature,” Justice Bagchi said.
The Bench further observed that if individual homebuyers continued approaching the Supreme Court, more litigants from the same project would follow, making it difficult to reach a final resolution.
The Court indicated that petitioners could await the outcome of the lead case or pursue appropriate remedies before the respective High Courts.