In a recent ruling of the Supreme Court, it was held that management of the Construction projects from budget to permissions to final execution is beyond the jurisdiction of the this Hon’ble Court and is not subject to judicial review.
Case of the Petitioner
The petitioners were represented by their Counsel Shikhil Suri, praying from the Ho’ble Court to protect the interest of the buyers, and to revive the project and in failure to do so the petitioners should be returned the amount invested with interest also prayed for an inquiry to be done under the supervision of this Hon’ble Court.
It was also prayed before this Hon’ble Court to intervene and look into the execution of the construction project in the present case.
Observation of the Court
The Court stated that there are already statutory bodies in place, namely the Consumer Protection Act, 1986, the Real Estate Act, 2016 and the Insolvency and Bankruptcy Code 2016 that look into such matters concerning commercial disputes.
In the words of the Court:
“A decision of public authority which is entrusted with a public duty is amendable to judicial review. But it is quite another hypothesis to postulate that the decision making authority should be taken over by the court. The latter is impermissible. It would be inappropriate for this Court to assume the jurisdiction to supervise the due completion of a construction project especially in facts such as those presented in the present case."
It was further observed that:
“The court must confine itself to its core competencies which consist in the adjudication of disputes amenable to the application of legal standards.”
Thus making these observations, the court disposed off the writ petition.
Case Details
Before: Hon’ble Supreme Court
Case Title: Shelly Lal v. Union of India
Coram: Hon’ble DR. Justices DY Chandrachud, Justice Indira Banerjee, and Sanjiv Khanna
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