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Supreme Court of India 2020-06-10 partly_allowed

Bikram Chatterji & Ors vs Union of India & Ors

Bench: 2 — <UNKNOWN>

In Brief

In this case, the Supreme Court addressed multiple interlocutory applications concerning stalled Amrapali Group real estate projects in Noida and Greater Noida. The Court held that NBCC, appointed as Project Management Consultant, has immunity from other courts and is answerable only to the Supreme Court. The Court rejected the Authorities' plea to recover unused FAR, instead directing the Court Receiver to sell FAR to complete projects. Home buyers were given priority claim on FAR proceeds. The Court upheld the Forensic Auditors' finding against Vansh Consultants Private Limited regarding diverted funds. Banks were directed to release sanctioned loans to home buyers despite NPA status. Significantly, the Court reduced the interest rate charged by Authorities on outstanding land dues from 15% to 8% per annum, citing substantial decline in market interest rates since 2016, while requiring Authorities to ensure project completion within stipulated timelines.

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Real Estate Law Consumer Protection Property Rights Public Trust Doctrine Forensic Audit Interest and Penalty Banking Regulation Infrastructure Development Civil Procedure Judicial Administration

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