SUPREME COURT FORMS PANEL LED BY EX-ALLAHABAD HIGH COURT JUDGE TO RESOLVE TWO-DECADE-OLD STALLED GREATER NOIDA HOUSING PROJECT:

The Supreme Court has ordered the formation 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, which has been unresolved for nearly two decades, concerns hundreds of homebuyers who were allegedly defrauded after investing in a housing project developed under the Golf Course Sahkari Awas Samiti (GCSAS) in collaboration with M/s Shiv Kala Developers Pvt. Ltd. The bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed this direction while hearing appeals arising from the Allahabad High Court’s 2016 judgment that had denied substantive relief to the affected allottees.

The dispute dates back to 2004, when the Greater Noida Industrial Development Authority (GNIDA) allotted a 10,000 sq. meter plot in Sector PI-2 to the Golf Course Sahkari Awas Samiti for a group housing project. The Samiti subsequently partnered with Shiv Kala Developers Pvt. Ltd. to develop the residential complex known as Shiv Kala Charms. However, soon after, allegations emerged that the funds collected from prospective buyers had been misappropriated by the society’s office-bearers and the developer. Due to non-payment of dues and non-compliance with lease conditions, GNIDA cancelled the project’s lease deed in September 2011. The Economic Offences Wing (EOW), Delhi, later initiated criminal proceedings against the developers and society officials for offences including criminal breach of trust, cheating, forgery, and criminal conspiracy under Sections 409, 420, 467, 468, 472, and 120B of the Indian Penal Code.

Since 2021, the Supreme Court has been monitoring the matter through a series of interim orders. It had earlier directed the Registrar of Cooperative Societies, Uttar Pradesh, to verify the list of genuine allottees and instructed GNIDA to explore possibilities for restoring the project lease. Several groups of homebuyers expressed their readiness to pool resources and complete the unfinished towers themselves. Based on multiple reports and structural audits, the Court noted that at least one tower (Tower-1) could be made habitable through strengthening and renovation efforts. However, due to GNIDA’s lack of cooperation and persistent difficulties in verifying genuine claimants, the Court found it necessary to establish an independent supervisory mechanism to ensure impartial and effective resolution.

The Supreme Court observed that the homebuyers had been fighting a “losing battle” for nearly twenty years, facing severe financial losses and emotional distress as a result of fraud and administrative negligence. The bench criticized GNIDA’s failure to produce a concrete revival plan despite repeated judicial directions and described the situation as an “administrative log-jam.” The Court emphasized that issues concerning lease restoration, verification of buyers, apportionment of land dues, and completion of construction required a “comprehensive and impartial inquiry” conducted under independent oversight.

Accordingly, the Court constituted a One-Judge Committee under Justice (Retd.) Pankaj Naqvi. The Committee has been tasked with verifying all project records, identifying genuine allottees, and listing those willing to jointly redevelop the remaining towers. It will also consult GNIDA on the possibility of partial lease restoration, formulate a fair method for distributing GNIDA’s dues among verified buyers, and propose a time-bound plan for project completion. The Committee has further been authorized to recommend the auction of unclaimed or unverifiable flats in Towers 3 and 4 to recover construction and land costs, if necessary.

The Supreme Court directed the Committee to submit its report within four months of commencing work. It will function from either New Delhi or Noida, with logistical assistance from the Government of Uttar Pradesh and GNIDA. The expenses of the Committee will be shared equally between the allottees and the State Government, while Justice Naqvi will receive a fixed honorarium of ₹15 lakh, payable in three installments. The Court also instructed GNIDA and the Uttar Pradesh Government to issue public notices in both English and Hindi newspapers to inform all allottees—especially those who have not yet approached the Court—about the Committee’s formation and mandate. The matter has been scheduled for further hearing on March 24, 2026, when the Committee’s report will be reviewed and subsequent directions regarding the project’s restoration and homebuyer relief will be determined.