Supreme Court Constitutes Committee Headed By Former Allahabad HC Judge To Resolve 20-Year Old Stalled Housing Project In Greater Noida

The Supreme Court has directed the constitution of a one-member committee headed by Justice Pankaj Naqvi (Retd.), former Judge of the Allahabad High Court, to conduct an independent inquiry into the long-pending housing dispute involving the Shiv Kala Charms Project in Greater Noida. The case, pending for nearly two decades, involves hundreds of defrauded homebuyers who had invested in the project developed under the Golf Course Sahkari Awas Samiti (GCSAS), in collaboration with M/s Shiv Kala Developers Pvt. Ltd.

The bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while deciding appeals arising out of the Allahabad High Court's 2016 decision that had refused to grant substantive relief to the aggrieved allottees.

Background

The project began in 2004 after Greater Noida Industrial Development Authority (GNIDA) allotted a 10,000 sq. meter plot to Golf Course Sahkari Awas Samiti housing society at Sector PI-2 for a group housing project. The Samiti later tied up with M/s Shiv Kala Developers Pvt. Ltd., which launched the residential complex “Shiv Kala Charms.”

However, allegations soon surfaced that funds collected from buyers were siphoned off by the office-bearers of the society and the developer. GNIDA cancelled the lease deed in September 2011 due to non-payment of dues. Criminal proceedings were later initiated by the Economic Offences Wing (EOW), Delhi, against the developers and society officials for offences under Sections 409, 420, 467, 468, 472, and 120B of the IPC.

Supreme Court's Intervention

Since 2021, the Supreme Court has been monitoring the matter through several interim orders. It had directed the Registrar, Cooperative Societies, Uttar Pradesh, to verify genuine allottees and GNIDA to explore restoration of the project lease. Groups of homebuyers subsequently came forward, expressing willingness to pool resources and complete construction of specific towers on the site.

After multiple reports and structural audits confirming that at least one tower (Tower-1) could be rendered habitable with strengthening, the Court considered allowing verified allottees to revive the project themselves. However, due to GNIDA's lack of cooperation and complexities in identifying genuine claimants, the Court found direct supervision necessary.

Findings of the Court

The bench noted that the homebuyers had been “struggling in a losing cause for the last nearly 20 years,” enduring immense financial and emotional hardship due to the fraudulent acts of the developer and administrative inaction. Despite repeated directions, GNIDA had failed to submit any concrete plan for reviving the stalled project.

Calling the situation an “administrative log-jam,” the Court observed that issues like restoration of lease, verification of allottees, proportional land dues, and completion of construction required “a comprehensive, structured, and impartial examination under independent supervision.”

Justice Naqvi Committee: Mandate and Scope

The Court has therefore constituted a One-Judge Committee headed by Justice (Retd.) Pankaj Naqvi to:

1. Scrutinize all records and identify genuine allottees of the project.

2. List those willing to jointly develop and complete the remaining towers.

3. Consult with GNIDA on the possibility of partial restoration of the lease deed cancelled in 2011.

4. Formulate a fair mechanism to apportion GNIDA's dues among verified allottees.

5. Prepare a comprehensive plan for completion of the project in a time-bound manner.

6. Explore the auction of unclaimed or unverifiable flats in Towers 3 and 4 to recover construction and land costs, if necessary.

The Committee has been directed to submit its report to the Supreme Court within four months of commencement of its work. It will function either in New Delhi or Noida, with logistical support from the State of Uttar Pradesh and GNIDA.

The expenses will be shared equally between the allottees and the State Government. Justice Naqvi will receive a fixed honorarium of ₹15 lakh, payable in three tranches.

The Court has directed GNIDA and the Uttar Pradesh Government to publish a public notice in English and Hindi newspapers to inform all allottees,especially those who have not yet approached the Court,about the Committee and its mandate..

The Court has scheduled the matter for March 24, 2026, to receive the Committee's report and decide on further directions regarding restoration of the project and rehabilitation of affected homebuyers.

Case Title: Ravi Prakash Srivastava & Ors. v. State of Uttar Pradesh & Ors.

Citation : 2025 LiveLaw (SC) 1075

 Click here to read the judgment