The Supreme Court declined to entertain a plea seeking expeditious hearing of a writ petition pending before the Allahabad High Court concerning alleged illegal construction in the Lotus Panache residential project in Noida.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by homebuyer Ashmeet Singh Bhatia seeking time-bound disposal of his writ petition pending before the High Court since August 2023.
The petitioner submitted that the matter had been listed nearly 45 times without any effective hearing, while construction activities relating to “Tower-31” and “I-Ring/Vibe” in the Lotus Panache project continued during pendency of proceedings. It was argued that continued construction was resulting in creation of third-party rights and irreversible alteration of the existing status quo.
The plea further contended that insolvency proceedings pending before the National Company Law Tribunal concerning approval of a resolution plan could potentially legalise and monetise the disputed structures, thereby rendering the pending writ proceedings infructuous.
During the hearing, the Bench expressed reluctance to issue directions for out-of-turn hearing before the High Court, observing that “one act of sympathy sometimes becomes an act of hostile discrimination against others.”
The Court, however, advised the petitioner to move an early hearing application before the Allahabad High Court and request the Chief Justice of the High Court to examine the grievance.
The matter was accordingly disposed of with liberty to pursue appropriate remedies before the High Court administration.
Appearances:
For the Petitioners: Arunditi katju, Sr Adv ; Advocates Yash Giri and Ridhima Verma
