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2018 DIGILAW 2009 (SC)

Arvind Kumar Gupta v. Unitech Ltd.

2018-12-03

D.Y.CHANDRACHUD, M.R.SHAH

body2018
ORDER : 1. The report submitted by the Justice (Retired) S.N. Dhingra Committee has been filed by the Learned Amicus Curiae. The report indicates the steps which have been taken for conducting auction of the lands situated at Agra, admeasuring 76.37 acres and at Varanasi, admeasuring 112.56 acres. The Committee has stated that no bid was received for either of the aforesaid properties. The Committee, is however, intends to revise the conditions of auction and to publicise its proposals in the market about the proposed sale of the lands at Agra and Varanasi. We permit the Committee to do so and request it to take all necessary steps to ensure the disposal of the lands at Agra and Varanasi. 2. The Committee had initiated the process of e-auction of the land at Sriperumbudur through ‘HDFC Realty’ as the auctioneer. The land available for sale admeasures about 355 acres, as the Committee is at present advised. After the publication of an advertisement on 19 November 2018, the Committee noted that a buyer had come forward for negotiations for the sale of the entire land. The Committee has observed that it is advantageous if one buyer enters into an agreement for the entire tract of land. The buyer in question was called for negotiations and after initial negotiations, an offer of Rs.78 lakhs (Rupees Seventy Eight Lakhs) per acre to purchase the land was enhanced to Rs.81 per acre. This is obviously subject to further enhancement on negotiations. In order to establish its bona fides, the buyer has submitted a bank guarantee of Rs.5 crores (Rupees five crores) with the Committee in the name of the Registrar, Supreme Court of India and proposes to pay an initial amount of Rs.50 crores (including the above amount of Rs.5 crores) while executing an MOU. The balance is proposed to be deposited within a period of fifteen to eighteen months. The period for payment is likely to be shortened in negotiations with the Committee. The Committee has furnished reasons in its report on the basis of which it has proposed that this Court may permit it to proceed ahead with the negotiations and in which event, the e-auction can be placed on hold. 3. The period for payment is likely to be shortened in negotiations with the Committee. The Committee has furnished reasons in its report on the basis of which it has proposed that this Court may permit it to proceed ahead with the negotiations and in which event, the e-auction can be placed on hold. 3. Having due regard to the reasons which have been contained in the report of the Committee, it is appropriate that the Committee is permitted to proceed ahead with negotiating the terms of the MOU with the proposed buyer. The learned counsel appearing on behalf of the home buyers have also supported the view of the Committee that the land at Sriperumbudur should be sold at the earliest and that the Committee may be authorised to proceed with its negotiations. We permit the Committee to do so. Before it proceeds to finalise the negotiations, the Committee will submit its report elaborating the proposed terms of sale before this Court. 4. Apart from the properties at Agra, Varanasi and Sriperumbudur, Unitech had filed a list of other unencumbered properties. The other unencumbered properties are: (i) land situated at Virar (Mumbai); (ii) land situated at Gurgaon admeasuring 5.14 acres; (iii) 60 per cent holding in Unitech Hotels Pvt. Ltd.; (iv) 50 per cent holding in Adventure Island Ltd. (Rohini Amusement Park, Delhi); and (v) 41.95 per cent stake holding in Entertainment City Ltd. (Noida Amusement Park); and (vi) Unsold inventory of unfinished/units in completed projects. 5. In addition to the above, there are other unencumbered lands available for sale, details of which are provided in the report submitted by the learned amicus curiae on 22.11.2018. They are as follows : State Land Details Area(acres) Kerala Village Kizhakkambalam, Taluk Kunnathunadu, Ernakulam District 38.26 Kerala Village and Taluk Kunnathunadu, Ernakulam District 26.95 Kerala Village Kakkanad, Taluk Kanayannur, Ernakulam District 14.61 Andhra Village Mankhal, Maheshwaram Pradesh Mandal, Ranga Reddy District 24.50 Tamil Nadu Village Kolathur, Chingleput Taluk, Kacheepuram District 24.34 Maharashtra Village Kelus, Mayane Khawne, District Sindhu Durg 106.00 6. We request the Committee to proceed ahead with the sale of the above unencumbered properties as well. 7. The Committee has in its report furnished details of the status pertaining to five c construction projects. The Committee has thus far released an amount of Rs.2.14 crores on the basis of bills submitted by Unitech for completing construction. We request the Committee to proceed ahead with the sale of the above unencumbered properties as well. 7. The Committee has in its report furnished details of the status pertaining to five c construction projects. The Committee has thus far released an amount of Rs.2.14 crores on the basis of bills submitted by Unitech for completing construction. The Committee has indicated that 80 flats out of 147 have been completed at Unihomes, Mohali and the architect is to carry out inspection within a period of one week. By end January 2019, 147 flats are to be completed so that possession can be handed over to the purchasers. 8. Work of Vistas, Gurgaon and Unihomes 117 Noida is in progress. Though the work on the remaining two projects has not commenced as yet, it is likely to commence at an early date. The Committee has observed that in the case of some of the stalled projects, a huge amount is required for completion and the time period for construction would be substantial. Hence it has been proposed that at present, projects where 70 to 90 percent of the work has been carried out, may be taken up on priority for completion. We consider that this suggestion of the Committee is fair. The Committee will identify such of the projects where atleast 70 per cent of the work has been completed so that these projects can be taken up for early completion on the same footing, as the earlier five projects. The Committee will accordingly proceed to make an assessment of the amount required for the completion of the remaining work and complete the other logistical formalities so as to facilitate further directions being passed for disbursal. The Committee may carry out this exercise at the earliest preferably within two months from today. 9. Shri Gopal Sankaranarayan learned counsel has submitted for the home-buyers that there is a need to have a forensic audit to be conducted of the developer. Shri M.L. Lahoty and Shri Anand Grover, learned senior counsel have supported the plea. We propose to take up further consideration of this aspect on the next date of hearing. 10. The learned Amicus Curiae is permitted to deposit the draft of Rs.5 crores which has been drawn in favour of the Registrar, Supreme Court of India before the Registry. 11. We order accordingly.