Authority: Supreme Court of India
Order Date: 31 August 2026
Case Overview
- Petitioners: Nitin Lali & Ors., representing homebuyers, filed Writ Petition(s) (Civil) No. 160/2024 and related intervening applications against the Union of India & Ors., including respondent No.6 – M/s Mahira Buildtech Private Limited.
- The petitions seek a direction for the completion of affordable‑housing projects undertaken by Mahira Buildtech in the State of Haryana.
- Mahira Homes projects consist of 5,292 residential units spread across five projects and 42 residential towers. The projects were slated to commence in FY 2017‑18 with a contractual completion and possession deadline of 31 December 2021.
- Current status: Sector 68 is 75% complete, while Sector 103 is only 15% complete. The homebuyers allege that the entire allotment price has been collected and the builder has siphoned the funds, leaving the projects unfinished.
- The Court examined multiple intervening applications (IA No. 32273/2026, IA No. 174144/2026, IA No. 279400/2025, IA No. 45146/2024, IA No. 10367/2026, IA No. 212284/2026, IA No. 10366/2026, IA No. 5687/2026, IA No. 33716/2025, IA No. 295138/2024, IA No. 104147/2024, IA No. 274587/2024, IA No. 142753/2026, IA No. 301395/2024, IA No. 173/2025, IA No. 187090/2025, IA No. 173749/2025, IA No. 50817/2025, IA No. 703/2025, IA No. 260426/2025, IA No. 282098/2025, IA No. 174517/2025, IA No. 15260/2026, IA No. 53/2026, IA No. 14999/2026, IA No. 14997/2026) concerning exemptions from filing O.T., condonation of delay, permission to file additional documents, and interim relief.
- The Court noted that an entity of the Government of India, such as NBCC, could be entrusted to take over and complete the pending projects.
- The homebuyers suggested a fair enhancement in the allotment price to create a corpus fund for the takeover entity, to be overseen by a Court‑constituted Committee.
Directions Issued
1. The Court directed Ms. Rajiv Jain, Amicus Curiae, to contact NBCC or any other willing Government undertaking, ascertain acceptable terms and conditions, and seek the homebuyers’ agreement.
2. The Amicus Curiae is to examine the Enforcement Directorate’s reports to identify unencumbered assets of Mahira Buildtech and submit findings to the Court.
3. The State of Haryana is instructed to explore whether the pending projects can be completed by a State agency such as Housing Board Haryana or Haryana Shehri Vikas Pradhikaran (HSVP).
4. The Registry is to inform the Standing Counsel of this order; the Standing Counsel must be present at the next hearing.
5. The District Town and Country Planning, Gurugram (DTCP) is directed to prepare an exhaustive inventory of all projects, including allotted units and units available for allotment, and submit a comprehensive report to the Court and the Amicus Curiae.
6. A stay is imposed on any further allotment of units in the subject projects.
7. The matter is listed for further hearing on 13 October 2026.
Final Outcome
- The Supreme Court has not granted immediate completion but has set in motion a structured process: identification of a capable Government entity (NBCC or State agency), creation of a corpus through possible price enhancement, detailed asset and inventory assessment, and a stay on further allotments. Subsequent orders will be issued based on the reports from the Amicus Curiae and DTCP.
Topics: Affordable Housing, Construction Delays