NBCC to Complete Supertech’s Stalled Housing Projects
In a major relief for nearly 51,000 homebuyers who have been waiting for over a decade to get possession of their flats, the Supreme Court of India has directed government-owned company NBCC (National Buildings Construction Corporation) to complete 16 stalled housing projects of real estate developer Supertech.
The apex court on February 5 upheld the order of the National Company Law Appellate Tribunal (NCLAT), which had entrusted NBCC with the responsibility of completing the unfinished residential projects at the earliest.
No Legal Hurdles for NBCC’s Work
To ensure smooth and speedy completion of construction, the Supreme Court directed that no tribunal or High Court shall pass any order that could obstruct the construction work being carried out by NBCC.
The court emphasized that there should be no legal or administrative barriers in completing the stalled flats and delivering them to homebuyers as soon as possible.
Use of Article 142
The order was passed by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, exercising the Supreme Court’s special powers under Article 142 of the Constitution.
Article 142 empowers the Supreme Court to pass any order necessary to ensure complete justice in a matter.
NCLAT Order Upheld
The Supreme Court upheld the NCLAT order dated December 12, 2024, which had directed NBCC to take over and complete Supertech’s 16 unfinished residential projects.
The appeal against this order was filed by Apex Heights Private Limited.
Interim Stay Lifted
Earlier, during the initial hearing, the Supreme Court had imposed an interim stay on February 21, 2025 on NCLAT’s order. However, the court has now delivered its final verdict, dismissing all appeals and petitions and affirming the NCLAT decision.
Homebuyers Waiting Since 2010–2012
The 16 housing projects involved were booked by homebuyers between 2010 and 2012. Despite more than a decade passing, the flats were never completed or handed over to buyers.
The Supreme Court observed that the interests of financial and operational creditors of the debt-ridden real estate company can be protected only after the affected homebuyers are handed fully completed homes.
Full Infrastructure Must Be Provided
The court made it clear that the flats must be delivered with complete infrastructure, including electricity, water supply, sewage connections, internal roads, and parks.
NBCC has been directed to commence work immediately and complete the projects as per the recommendations of the expert committee constituted by NCLAT.
Supertech’s Proposal Rejected
During earlier hearings, Supertech’s counsel had informed the court that around 80 percent of the work in many projects had already been completed and assured that the remaining construction could be finished within 24 months.
However, lawyers representing the homebuyers, including M.L. Lahoti and Ashwini Upadhyay, opposed this proposal and strongly argued that the responsibility should be handed over to NBCC.
They cited NBCC’s successful handling of the Amrapali housing projects as a reason for entrusting Supertech’s stalled projects to the public sector company.
Liberty to Approach Supreme Court
While disposing of the appeals and petitions, the Supreme Court granted liberty to all parties to approach the court again in case of any difficulty during the execution of the projects.