Supreme Court directs RERA to cancel Amrapali Group's registration; asks ED to conduct probe into fund diversion

In a major setback to Amrapali Group, the bench of Supreme Court headed by Justice Arun Mishra, directed cancellation of registration of all Amrapali group of companies and directed Enforcement Directorate to conduct a detailed investigation against the group for diverting homebuyers' money.The Supreme Court asked Enforcement Directorate (ED) to probe Amrapali Group's fund diversion of homebuyers' money.The ED will register money laundering cases against Amrapali, its chief managing director and other directorsThe Supreme Court directed the National Buildings Construction Corporation (NBCC) to complete the unfinished housing projects in Noida and Greater Noia and handover these to home-buyers.The apex court asked homebuyers to deposit outstanding amountThe Supreme Court will review the progress related to this case on 8 August[caption id="attachment_5319041" align="alignleft" width="380"] Representational image. News18[/caption]The Supreme Court pronounced the verdict on Tuesday as to who would complete the stalled projects of embattled real estate major Amrapali Group to give respite to over 42,000 hassled home buyers.The apex court reserved the verdict in the matter on 10 May after Noida and Greater Noida authorities said they don't have the resources and expertise to construct the stalled projects of Amrapali Group.Both the authorities had favoured handing over the properties to a reputed builder under the supervision of a high powered committee.The authorities had expressed inability to take any action like cancellation of lease agreements against the group, which regularly defaulted on payments, due to "bulk of home buyers" and "political weight".Both the authorities told the apex court that they have outstanding of around Rs 5,000 crore from Amrapali towards the principal amount and interest component, besides the penal interest.The top court on 8 May said that it may give ownership rights of all the 15 prime residential properties of Amrapali to Noida and Greater Noida Authorities as it has failed to fulfil its obligations towards 42,000 home buyers.The bench had then reserved its verdict on the question as to who will take over the management control and which builder or developer should finish the stalled projects of Amrapali.The court had asked Noida authority to explain what action it has taken against Amrapali Group which was a "chronic defaulter" in payment of lease amount.Noida authority said that under their jurisdiction they have seven projects of Amrapali and they have an outstanding of nearly Rs 2,000 crore while they had received only Rs 505 crore.It had conceded that besides issuing repetitive show-cause notices to Amrapali Group for defaulting in payments to Noida, they have not done anything.Similar stand was taken by Greater Noida authority which had said that Amrapali Group has five projects under its jurisdiction out of which four are vacant lands and no construction has taken place.Greater Noida authority had said that Amrapali has an outstanding of around 3400 crores and has paid only Rs 363 crores till now.After the reluctance shown by Noida and Greater Noida, the top court had indicated that the National Buildings Construction Corporation (NBCC) Limited could be one of the option to complete the stalled projects.The court-appointed forensic auditors—Pawan Aggarwal and Ravinder Bhatia—have found wide-scale irregularities in the financial affairs of Amrapali Group and their initial report has suggested that over Rs 3,000 crore of home buyers money.

On 8 May, the apex court had said that it would throw Amrapali out from its properties and transfer its lock, stock and barrel to Noida and Greater Noida. On 28 February, the apex court had allowed the Delhi police to arrest Amrapali group CMD Anil Sharma and two directors on a complaint that home-buyers of their various housing projects were cheated and duped of their funds.

The top court, which is seized of several pleas of home-buyers seeking possession of around 42,000 flats booked in projects of the Amrapali group, also ordered attachment of personal properties of the CMD as also its directors -- Shiv Priya and Ajay Kumar.(With agency inputs)