SC asks UP govt to produce Amrapali’s clearances

The order followed a note submitted by Venkataramani, highlighting a list of documents that the Noida and Greater Noida authorities were insisting upon before granting CCs and OCs

The Supreme Court has directed the Uttar Pradesh government to produce copies of all past clearances and certificates issued to the erstwhile Amrapali Group, as the absence of these documents has become a hurdle in granting completion and occupancy certificates to thousands of homebuyers in Noida and Greater Noida.

The absence of OC and CC delayed the allotment of water connections to residential units. (HT PHOTO)

In an order passed on December 11, the apex court directed that a joint meeting be convened between officials of the Noida and Greater Noida authorities, the court-appointed receiver R Venkataramani – currently the attorney general of India – and NBCC (India) Ltd, which is executing the stalled projects, to resolve issues preventing the issuance of completion certificates (CC) and occupancy certificates (OC).

A bench of justices Sanjay Kumar and Satish Chandra Sharma said efforts must be made to resolve the issue without prolonging it on procedural grounds. “Effort shall be made by all concerned to settle the issue instead of prolonging it further on technicalities,” the bench observed.

The order followed a note submitted by Venkataramani, highlighting a list of documents that the Noida and Greater Noida authorities were insisting upon before granting CCs and OCs. These documents largely related to statutory clearances – including environmental approvals, fire safety certificates, lift safety clearances and electrical safety permissions – that were issued to the original developer, Amrapali Group, prior to the commencement of the projects.

The order said, “The state shall endeavour to verify from the various authorities concerned… and report whether sufficient clearances/certificates were obtained by the original developer before the commencement of the projects. If so, copies of such clearances/certificates shall be produced before the court on the next date of hearing.”

The court also asked the state counsel, Ruchira Goel, to ascertain whether any labour cess dues were payable by the original developer.

The order has come as relief for thousands of homebuyers across five projects in Greater Noida and seven projects in Noida that were completed by NBCC following the Supreme Court’s landmark 2019 judgment. In that ruling, the court cancelled Amrapali’s RERA registration after its directors were accused of siphoning off funds deposited by homebuyers and handed over completion of the stalled projects to NBCC.

In his note, Venkataramani stated that the development authorities were also insisting on a “no dues” certificate from the state property department, original purchaser declarations submitted to Amrapali, labour cess registration certificates, labour cess payment challans and other documents that were in Amrapali’s possession. He pointed out that the authorities could independently verify the issuance of these documents from the concerned state departments.

The absence of OC and CC has also delayed the allotment of water connections to residential units. The receiver’s note said that requisite fees and one-year advance charges for water connections had been paid on May 24, 2024, but connections could not be provided due to the lack of OC and CC.

The Noida and Greater Noida authorities informed the court that water connections were being provided to dwelling units irrespective of outstanding dues. However, on the issue of OC and CC, they maintained that the building bye-laws mandated submission of statutory clearances and that the authorities had no power to grant exemptions.

The bench clarified that the authorities “shall not insist on production of documents which would have been in the possession of the original developer of the Amrapali projects” for issuing OC and CC. It said that any verification required for statutory compliance could be undertaken directly by the authorities with the concerned departments, instead of asking NBCC or the court-appointed receiver to produce documents.

Senior advocate Ravindra Kumar, appearing for the Noida and Greater Noida authorities, argued that under the law, flats cannot be occupied without completion certificates. He said the authorities could be held responsible if any mishap occurred due to non-compliance. “In case of fire, lift failure, electrical short circuit or earthquake, the authorities would be blamed for granting OC or CC without no-objection certificates and clearances,” he submitted.

Posting the matter for hearing on January 22, the court accepted Venkataramani’s proposal for a joint meeting on December 22 to resolve issues related to the issuance of CCs and OCs.

People aware of the developments said the meeting was held as scheduled, and state departments agreed to form sub-committees to trace documents issued to Amrapali. It was also decided that if documents could not be located, the court would be approached for appropriate directions.

The homebuyers’ association, represented by advocate ML Lahoty, told the court that under the 2019 judgment, recoveries amounting to ₹2,600 crore were to be made by attaching properties of Amrapali’s former promoters.

The Supreme Court also directed the Enforcement Directorate to file a status report on investigations arising from complaints of cheating filed by homebuyers with the Delhi Police. At least 59 FIRs have been registered, most of which are currently at the trial stage.

Nearly 45,000 homebuyers had booked flats in Amrapali projects between 2005 and 2013 with assurances of delivery within three years. However, delays, loan defaults and insolvency proceedings left homebuyers without possession or remedies, prompting them to approach the Supreme Court in 2017.