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 independently examine and facilitate resolution of the long-pending dispute relating to the Shiv Kala Charms residential project in Greater Noida. The project, associated with the Golf Course Sahkari Awas Samiti (GCSAS) and M/s Shiv Kala Developers Pvt. Ltd., has been stalled for nearly two decades, leaving hundreds of homebuyers deprived of possession.

 

The Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while deciding appeals arising from the Allahabad High Court’s 2016 judgment, which did not provide substantive relief to the aggrieved allottees.

 

In 2004, GNIDA allotted a 10,000 sq. meter plot in Sector PI-2 to the Samiti for group housing. The Samiti partnered with Shiv Kala Developers to launch the “Shiv Kala Charms” project. However, allegations soon emerged of misappropriation of buyer funds by society officials and developers. Due to non-payment of dues, GNIDA cancelled the lease in 2011. The Economic Offences Wing (EOW), Delhi, later registered cases alleging cheating, forgery, and criminal breach of trust under various IPC Sections (409, 420, 467, 468, 472, 120B).

 

Since 2021, the Supreme Court has been closely monitoring proceedings and had directed:

• Verification of genuine allottees,

• Consideration of restoring the lease, and

• Exploration of buyer-led revival of construction.

 

Structural assessments indicated that Tower-1 could be made habitable after strengthening. Groups of allottees expressed willingness to finance construction themselves. However, GNIDA did not present a workable rehabilitation plan, and disputes persisted regarding identification of genuine claimants.

 

The Court observed that the homebuyers had been “fighting a losing battle for nearly 20 years”, facing financial and emotional distress caused by the developer’s fraud and administrative inertia. The Bench remarked that the matter had entered an “administrative deadlock”, making independent oversight essential.

 

Mandate of Justice Naqvi Committee

 

The Committee is tasked to:

1. Verify and list genuine allottees.

2. Identify buyers willing to participate in joint redevelopment of the pending towers.

3. Consult GNIDA regarding partial restoration of the cancelled lease.

4. Frame a method to apportion GNIDA dues fairly.

5. Design a time-bound project completion plan.

6. Recommend sale/auction of unclaimed flats in Towers 3 & 4, if needed, to finance construction.

 

The Committee must submit its report to the Supreme Court within four months. It will function from New Delhi or Noida, with logistical support from Uttar Pradesh Government and GNIDA. Costs are to be equally shared between the State and allottees. Justice Naqvi will receive an honorarium of ₹15 lakh (payable in three installments).

 

The Court has also directed that public notices be issued in English and Hindi newspapers to alert all remaining homebuyers about the Committee’s work and participation process.

 

The matter has been listed for March 24, 2026, for consideration of the Committee’s report and further directions regarding revival of the project and relief to affected buyers.