Authority: Supreme Court of India

Order Date: 08-09-2026

Case Overview

  • Parties: Petitioners – Rita Tikku & others (homebuyers); Respondents – State of Haryana through its Chief Secretary & associated builder companies (Respondent Nos. 2 and 3).
  • Nature of proceedings: Multiple writ petitions (W.P.(C) Nos. 1026, 1021, 1029, 1058, 1071, 1072, 1026/2026 etc.) and several Intervener Applications (IA Nos. 246908, 239107, 258367, 241130, 246909, 239097, 219469, 213386, 242584, 258347, 241114, 246907, 246872, 242728, 254418, 201501, 201335, 246804, 243133, 254945, 244879) filed in 2026.
  • Background: Homebuyers paid approximately Rs 1.78 crore per flat for residential units allotted in 2006‑2007. Despite full or substantial payment, the apartments were neither delivered nor refunded, contrary to recovery orders of the Haryana Real Estate Regulatory Authority (HRERA).
  • Court observations: The Court noted repeated defiance of statutory orders, undermining the quasi‑judicial system, and the distress of hundreds of homebuyers seeking refunds or possession.

Directions & Orders

1. Issue notice in W.P.(C) No. 1026/2026, 1071/2026, 1072/2026, 1058/2026; returnable on 16‑10‑2026.

2. De‑tag each matter and post separately under different serial numbers.

3. Deposit the amount determined by HRERA with the Court Registry.

4. Issue notice in W.P.(C) No. 1021/2026; allow additional documentation ("Dasti").

5. De‑tag W.P.(C) No. 1021/2026 and post separately on 16‑10‑2026.

6. Allow all applications for intervention/impleadment.

7. Freeze accounts of the Managing Director, Directors, and officers of Respondent Nos. 2 and 3.

8. Direct Respondent Nos. 2 and 3, their associated/ally/subsidiary companies, and their directors/officers to furnish a comprehensive list of all cases pending before any forum (Supreme Court, High Courts, Consumer Forums, RERA, Civil Courts, etc.) including nature of litigation.

9. Direct civil and police administrations of various districts to file compliance affidavits for entries in the assets of defaulting companies and promoters, to secure assets for homebuyers' claims.

10. On 17‑08‑2026, give the defaulting companies an opportunity to place on record a proposal satisfying all allottee/homebuyer claims; otherwise a High‑Powered Committee will be constituted.

11. Respondent No. 3 filed an affidavit; the Court examined paragraphs 4 onward and found the proposal to be a delay tactic not meeting the homebuyers' expectations.

12. The Court rejected the proposal and directed:

  • (i) Deposit sufficient funds with the Court Registry for the Court‑appointed Committee to disburse as per finalised claims, or
  • (ii) Deposit sufficient funds for completion of pending projects and handover of habitable units.

13. Senior Counsel Mr. Navin Pahwa sought a one‑week extension to submit a fresh, acceptable proposal.

14. The Court warned that failure to submit a bona‑fide proposal will lead to constitution of a High‑Powered Committee on the date fixed.

15. Homebuyers may move an application for attachment of shares held by the defaulting companies, subject to proof of such shares.

16. The matters are postponed for further consideration on 09‑10‑2026.

Final Outcome

  • The Supreme Court ordered de‑tagging, notice issuance, and deposit of HRERA‑determined amounts; froze assets of the builders' directors; demanded a full list of pending litigations; rejected the builders' proposed settlement; mandated deposit of funds for either refund or project completion; and signaled formation of a High‑Powered Committee if a satisfactory proposal is not filed. Homebuyers retain the right to seek attachment of the companies' shares, with the next hearing scheduled for 09‑10‑2026.

Topics: Real Estate, Consumer Protection, Judicial Enforcement