# In the matter of Bikram Chatterji & Ors. Vs. Union of India & Ors. Writ Petition (C) No. 940-2017 Connected Matters

> SC judgment dated 2018-08-02. Citation: TCN-2018-SC-00035. The case involves a writ petition concerning the problems faced by approximately three lakh home…

- **Court:** SC
- **Order date:** 2 Aug 2018
- **Citation:** TCN-2018-SC-00035
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/bikram-chatterji-ors-vs-union-of-india-ors-writ-petition-b8d33e22

## Summary

### Background

The case involves a writ petition concerning the problems faced by approximately three lakh home buyers in NOIDA, Greater NOIDA, and Yamuna Expressway due to incomplete housing projects, particularly those of the Amrapali Group. The Supreme Court is addressing issues related to the completion of these projects, the conduct of the Amrapali Group, and the diversion of funds meant for the projects. A committee was formed by the Government of Uttar Pradesh to address these issues. The court is monitoring the progress and considering proposals from NBCC to take over and complete the projects.

## Facts

The case revolves around the incomplete housing projects in NOIDA, Greater NOIDA, and Yamuna Expressway, affecting approximately three lakh home buyers. The Amrapali Group is at the center of the controversy, accused of diverting funds meant for the projects. A committee was formed by the Government of Uttar Pradesh to address the issues. The Supreme Court is monitoring the progress and considering proposals from NBCC to take over and complete the projects. The court has noted that the Amrapali Group has not been abiding by its orders and has been shifting its stand. The NBCC has expressed willingness to undertake the projects. Auditors have been requested to investigate the diversion of funds. The court has also ordered the de-freezing of the bank account of Amrapali

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## Issues and analysis

### Issue 1: Whether the Amrapali Group has diverted funds …

**Ratio:** Diversion of funds meant for a specific purpose is a breach of trust and a violation of

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**Reasoning:** The court noted that the Amrapali Group admitted to the transfer/diversion of Rs.2765

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**Interpretation:** The court interpreted the actions of the Amrapali Group as a diversion of

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**Application:** The court applied the principle that diversion of funds is a breach of trust to

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## Parties

- **Judges:** Arun Mi…; UDAY UMESH…
- **Appellants:** BIKRAM CHA…
- **Respondents:** Amrapali…; Union of…

## Timeline

- **2018-05-17 — Order appointing…**: Court passed an order appointing promoters etc. and time frame within which the projects…
- **2018-06-25 — First meeting…**: First meeting of the then Chief Executive Officers (CEOs) of the NOIDA and Greater NOIDA,…

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