In a packed courtroom this week, the Supreme Court stepped into a long-festering housing dispute involving hundreds of homebuyers who invested in the Shivkala Charms project in Greater Noida nearly two decades ago. Many of them, now middle-aged, still have neither flats nor refunds. The project, marred by alleged fraud and unfinished construction, has been stuck in administrative paralysis for years. Sensing that the litigation alone would not resolve the deadlock, the Court decided to take a more hands-on route.
Background
The dispute dates back to 2004, when a cooperative housing society obtained land from the Greater Noida Industrial Development Authority (GNIDA) to build a four-tower residential complex. Homebuyers signed agreements, took loans, and made payments. However, funds were later found to be mismanaged, with fake allotments and duplicate bookings. Construction stopped in 2011 after GNIDA cancelled the land lease due to unpaid dues.
Multiple complaints followed, including criminal investigations and inquiries by cooperative authorities. Over time, different groups of buyers approached courts seeking either possession or relief from bank loan recovery. The matter eventually reached the Supreme Court, where dozens of individuals tried to intervene, each claiming to be a genuine allottee.
Court’s Observations
The bench noted that the situation had become overly complex. Verification of allottees, restoration of the cancelled land lease, apportioning outstanding land dues, and deciding whether the unfinished towers could safely be completed were all intertwined issues. Proceeding through regular litigation, the judges felt, would drag this matter out indefinitely.
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The bench remarked: “The original allottees have struggled for nearly 20 years. They have lost money, time, and peace. The issue now requires coordinated administrative intervention rather than fragmented legal arguments.”
The Court also expressed displeasure with GNIDA for failing to provide clear proposals on how the stalled project could proceed, stating that such non-cooperation could not continue.
Decision
To break the stalemate, the Court has appointed a one-member independent committee headed by former Allahabad High Court Judge Justice Pankaj Naqvi (Retd.).
What the Committee Will Do:
- Identify genuine homebuyers by examining payment documents and records.
- Prepare a list of those willing to jointly complete the project.
- Consult GNIDA to explore partial restoration of the land lease so construction can resume in phases.
- Create a fair cost-sharing formula for outstanding land dues.
- Develop a practical completion plan for the project.
- If some towers have no traceable allottees, examine the option of auctioning those towers to fund completion and clear dues.
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The Court directed all stakeholders-including GNIDA, banks, and state authorities-to fully cooperate. Half the inquiry expenses will be borne by the allottees and the other half by the State of Uttar Pradesh.
The matter will next be taken up after the committee submits its report.
The order ends with clear intent: bring the buyers closer to the homes they paid for so long ago.
Case Title: Ravi Prakash Srivastava & Others vs State of Uttar Pradesh & Others (Shivkala Charms Housing Project Dispute)
Case Type: Special Leave Petitions (Civil)
Court: Supreme Court of India
Bench: Justice Vikram Nath & Justice Sandeep Mehta
SLP Numbers: SLP (C) No. 9792 of 2017 & SLP (C) No. 15548 of 2017
Date of Judgment: 7 November 2025
