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Supreme Court of India 2021-02-11 disposed

Upendra Choudhury vs Bulandshahar Development Authority & Ors

Bench: 2 — Dr. Dhananjaya Y Chandrachud, M R Shah

In Brief

A home buyer sought a writ under Article 32 of the Constitution against a real estate developer and authorities, demanding cancellation of agreements, refund of moneys, appointment of a court-monitored committee, forensic audit, and CBI investigation into alleged fraud. The Supreme Court declined the petition, holding that managing construction projects and supervising their execution falls outside the Court's Article 32 jurisdiction. The Court emphasized that Parliament has enacted specific statutory frameworks—the Consumer Protection Act 1986, RERA 2016, and IBC 2016—which provide adequate remedies. The petition was disposed of with liberty to pursue available statutory remedies, while preserving exceptional interventions in cases like Amrapali and Unitech.

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Real Estate Law Judicial Review Article 32 Consumer Protection Constitutional Law Jurisdiction and Maintainability Real Estate (Regulation and Development) Act 2016 Writ Jurisdiction

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