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NEW DELHI: Left with only six working days before demitting office on November 8 and many cases yet to be decided, CJI U U Lalit decided to conduct proceedings on Saturday to wrap up hearing in Amrapali case.
Justice Lalit, who has been part of various benches and who has been putting in efforts for the last four years to rescue thousands of Amrapali homebuyers by getting their flats constructed and handing over possession under the court’s supervision, had said he would decide some of the pending issues heard by him, including selling of unused and additional FAR to raise funds for construction.
The CJI indicated that it would be unfair to burden the new bench, which would be constituted after his retirement, with all issues. The new bench will also take its time to understand the case and it may further delay the construction.
About one-third of unfinished work of Amrapali housing projects has been completed under the supervision of the apex court, and 11,858 flats would be completed by end of October by NBCC and handed over to the homebuyers. There are around 38,000 homebuyers who have been waiting to get possession of their flats for more than a decade.
The apex court had first intervened in the case when it had agreed to hear homebuyers’ plea and issued notice. Since then the apex court passed various orders in its more than 120 hearings in the last five years including sending its founder and promoter Anil Sharma in police custody for cheating homebuyers and siphoning off their money. The court took upon itself the task to get the construction done under its supervision and appointed the present attorney general R Venkataramani as receiver to look after the affairs of the company.
Justice Lalit has been part of the Amrapali bench since March 15, 2018. Despite the hearing in the case hampered due to Covid-19 pandemic, good progress was made during this time to raise the funds for construction and many flats were completed by NBCC and handed over to buyers.
As many issues pertaining to siphoning off funds, criminal cases against promoters and directors of the group and selling of their assets and how to raise funds to complete the construction kept cropping up during the hearing, it kept the apex court bench busy in adjudicating them but many issues remained unresolved and amidst this Justice Lalit is going to retire on November 8.
The bench of the CJI and Justice Bela M Trivedi will on Saturday conclude the hearing on the issue of FAR and also hear the bail plea of Anil Sharma and other directors of the group.
“Since I have been hearing these matters so they have to be decided by me. Rest of the issues could be done by another bench,” the CJI had said.
The Court had earlier asked Noida and Greater Noida Authorities to be “non-obstructive” in their approach while dealing with Amrapali projects as they strongly opposed court-appointed receiver’s suggestion to sell unused FAR to raise the fund to meet the construction cost. It said that the authorities being public bodies should not forgo their claims but they should be also realistic in their approach as the receiver was making all out effort to complete Amrapali’s housing projects.
Justice Lalit, who has been part of various benches and who has been putting in efforts for the last four years to rescue thousands of Amrapali homebuyers by getting their flats constructed and handing over possession under the court’s supervision, had said he would decide some of the pending issues heard by him, including selling of unused and additional FAR to raise funds for construction.
The CJI indicated that it would be unfair to burden the new bench, which would be constituted after his retirement, with all issues. The new bench will also take its time to understand the case and it may further delay the construction.
About one-third of unfinished work of Amrapali housing projects has been completed under the supervision of the apex court, and 11,858 flats would be completed by end of October by NBCC and handed over to the homebuyers. There are around 38,000 homebuyers who have been waiting to get possession of their flats for more than a decade.
The apex court had first intervened in the case when it had agreed to hear homebuyers’ plea and issued notice. Since then the apex court passed various orders in its more than 120 hearings in the last five years including sending its founder and promoter Anil Sharma in police custody for cheating homebuyers and siphoning off their money. The court took upon itself the task to get the construction done under its supervision and appointed the present attorney general R Venkataramani as receiver to look after the affairs of the company.
Justice Lalit has been part of the Amrapali bench since March 15, 2018. Despite the hearing in the case hampered due to Covid-19 pandemic, good progress was made during this time to raise the funds for construction and many flats were completed by NBCC and handed over to buyers.
As many issues pertaining to siphoning off funds, criminal cases against promoters and directors of the group and selling of their assets and how to raise funds to complete the construction kept cropping up during the hearing, it kept the apex court bench busy in adjudicating them but many issues remained unresolved and amidst this Justice Lalit is going to retire on November 8.
The bench of the CJI and Justice Bela M Trivedi will on Saturday conclude the hearing on the issue of FAR and also hear the bail plea of Anil Sharma and other directors of the group.
“Since I have been hearing these matters so they have to be decided by me. Rest of the issues could be done by another bench,” the CJI had said.
The Court had earlier asked Noida and Greater Noida Authorities to be “non-obstructive” in their approach while dealing with Amrapali projects as they strongly opposed court-appointed receiver’s suggestion to sell unused FAR to raise the fund to meet the construction cost. It said that the authorities being public bodies should not forgo their claims but they should be also realistic in their approach as the receiver was making all out effort to complete Amrapali’s housing projects.
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