Case Note & Summary
The Supreme Court of India addressed a writ petition filed under Article 32 of the Constitution by a purchaser concerning a real estate project named 'Sushant Megapolis', developed by certain respondents. The petitioner sought various reliefs, including the cancellation of agreements, refund of money, and the appointment of a committee to oversee the project. The petitioner argued that similar issues had been addressed in previous cases, suggesting that the Court should take notice of the current petition. However, the Court referred to a prior decision where it declined to entertain a similar petition, emphasizing that managing construction projects falls outside its jurisdiction. The Court noted that statutory provisions, such as the Consumer Protection Act, the Real Estate (Regulation and Development) Act, and the Insolvency and Bankruptcy Code, provide adequate remedies for home buyers. The Court concluded that entertaining the petition would require it to engage in day-to-day supervision of the project, which is not permissible. The petition was ultimately dismissed, allowing the petitioner to pursue remedies available under the relevant statutory provisions.
Headnote
A) Constitutional Law - Article 32 Jurisdiction - Maintainability of Writ Petition - Article 32 of the Constitution - The Court declined to entertain a writ petition under Article 32 as the issues raised pertained to the management of a construction project, which is beyond the Court's jurisdiction. The Court emphasized that statutory remedies under existing laws are available to address the grievances of home buyers. Held that judicial intervention is not warranted in such cases (Paras 4-8).
Issue of Consideration
Whether the Supreme Court should entertain a writ petition under Article 32 for reliefs related to a real estate project.
Final Decision
The Supreme Court dismissed the writ petition under Article 32, stating that the issues raised were beyond its jurisdiction and that adequate statutory remedies were available for the petitioner.
Law Points
- Article 32
- Consumer Protection Act
- 1986
- Real Estate (Regulation and Development) Act
- 2016
- Insolvency and Bankruptcy Code
- judicial review
- statutory remedies
