New Delhi: Observing that Noida and Greater Noida authorities are also to be blamed for the Amrapali mess, the Supreme Court on Mon day said they have to ” atone ” for their mistakes and asked them to think ‘ out – of – box ‘ to resolve the problem with thousands of home buyers still waiting for their flats as funds need to be raised to complete the construction.
As the authorities stiffly opposed the plea of selling unused and additional FAR in Amrapali projects to raise the money for the construction, a bench of Chief Justice U U Lalit and Bela M Trivedi reminded them that they were also party to creating this problem and asked them to make an exception for Amrapali projects to ensure that construction work is completed.
” You are party to this problem and you are partly responsible for the problem. So you must find the answer. You can make an exception for the Amrapali project and devise a policy. This entire problem has arisen because of your policy. The mistake was committed by you and you have to atone for it Some out-of-box solution is needed, ” the bench told Senior Advocate Ravindra Kumar who was appearing for both authorities.
The court said that resorting to insolvency proceedings would not serve any purpose and everyone including the authorities, which are claiming about Rs 7,000 crore as dues on Amrapali, would lose. It said Noida authorities have not even gotten the cost for their land which was allotted to the Amrapali group and they can receive the amount only if the projects are completed. The court is exploring various options including selling FAR to raise the amount for construction.
” If you come out with helping hands then the projects would become viable and money would be pumped in them and we would ensure that you get your dues, ” the bench said.
The apex court in its 2019 verdict blamed officials of Noida and Greater Noida Authorities for conniving with Amrapali promoters in siphoning homebuyers ‘ money. ” It is apparent from the report of the forensic audit submitted by the forensic auditors that there is a serious kind of fraud played upon the buyers in active connivance with the officials of the Noida and Greater Noida Authorities and that of the banks. The money of the homebuyers has been diverted, ” the court had said.
Accepting that mistake was committed by their officials, the authorities, however, pleaded with the court not to punish them for the wrongs committed by some of their officials . ” Why should the authorities suffer for the mistake of officials, ” Kumar contended.
The bench thereafter asked him whether Noida / Greater Noi da authorities took any action against their erring officials and granted time till Thursday to brief it. The court had earlier also asked Noida and Greater Noida authorities to be ” non – obstructive ” in their approach while dealing with Amrapali projects as they strongly opposed the court-appointed receiver’s suggestion to sell unused FAR to raise funds to meet the construction cost. It said the authorities being public bodies should not forgo their claims but should be also realistic in their approach.