Authority: Supreme Court of India

Order Date: 29 July 2026

Case Overview

  • Petitioners: Rita Tikku and Anil Kumar Sharma (as part of Rita Tikku & Anr) versus State of Haryana; connected writ petitions 899/2026 and 905/2026 concerning homebuyers' grievances against Parsvnath Hessa Developers Pvt. Ltd.
  • Respondent No.2: Parsvnath Hessa Developers Pvt. Ltd.; Respondent No.3: unspecified developer under Corporate Insolvency Resolution Process (CIRP).
  • Core dispute: Delay in possession of residential flats in Parsvnath Exotica, Gurugram, and claim for delay penalty/compensation.
  • Court previously ordered compliance; developer filed affidavit.

Observations / Directions

1. Respondent No.2 undertakes to hand over Flat No. B5‑903, Tower B‑5, Parsvnath Exotica, Sector‑53, Gurugram, with two covered car parking spaces, by 31 Oct 2026, finished per Flat Buyer Agreement dated 27 Mar 2007.

2. Same undertaking for Flat No. B5‑902, Tower B‑5, same project, with identical deadline.

3. Respondent No.2 has deposited the full delay penalty/compensation of Rs 2,90,17,773 plus interest at 12 % per annum (calculated up to 31 Oct 2026) via three demand drafts dated 24 Jul 2026 drawn on Canara Bank. Registry to deliver these drafts to petitioners Rita Tikku and Anil Kumar Sharma.

4. Completion of finishing work for both apartments must be inspected by a Court Commissioner before possession is handed over.

5. Respondents 2 and 3, together with their associated, allied, and subsidiary companies, and their directors/officers, must submit a comprehensive list of all cases filed against them pending before any forum (Supreme Court, High Courts, Consumer Forums, RERA, Civil Courts, etc.), including the nature of each litigation, by 17 Aug 2026.

6. Deputy Commissioner of Police (Panchkula), Superintendent of Police (Rohtak), Collectors (Karnal, Rohtak), Director General of Police (Haryana), and Chief Secretary (Haryana) have filed compliance affidavits; their contents to be considered later.

7. Mr. Vaibhav Gaggar, senior counsel for the Resolution Professional, confirmed that Respondent No.3 is under CIRP. The Resolution Professional must furnish details of all projects subject to pending NCLT proceedings and a list of affected homebuyers.

8. The Resolution Professional must also disclose details of lenders, financial institutions, and other creditors who have submitted claims in those NCLT proceedings.

9. Notice issued, returnable on 17 Aug 2026.

10. Respondent No.2 directed to verify facts pleaded; if petitioners are similarly situated as those in connected petitions, the same delay penalty/compensation (with additional 12 % interest) shall be paid to them.

11. Petitioners must file an undertaking to the Registry that they will comply with any future order regarding refund of the amount.

Final Outcome

  • Parsvnath Hessa Developers Pvt. Ltd. must deliver the two specified flats with parking, complete finishing as per agreement, and have the possession inspected by a Court Commissioner before 31 Oct 2026.
  • The deposited penalty amount of Rs 2,90,17,773 (plus interest) is to be released to the petitioners.
  • Respondents and their related entities must provide a full disclosure of pending litigations by 17 Aug 2026, and the Resolution Professional must disclose NCLT‑related project and creditor information.
  • Further compliance notices and verification of facts are ordered, with petitioners undertaking to abide by any refund directive.

Topics: Real Estate Compliance, Court Order