Overview
- Dismissed appeals upheld an NCLAT finding that certain claimants were speculative investors rather than genuine allottees.
- The bench issued 12 binding directions, including filling NCLT/NCLAT vacancies on a war footing, creating dedicated IBC benches, and requiring a compliance report on tribunal infrastructure within three months.
- Insolvency in the sector must proceed project-wise, with NCLTs screening applicants at admission to exclude speculative contracts, and safeguards such as escrowed proceeds, mandatory registration once 20% is paid, and allottee representation in CoCs.
- The Court ordered a reform committee chaired by a retired High Court judge to be constituted within three months, with its report due six months thereafter and participation from key ministries, NIUA, NITI Aayog, IIMs, legal experts, and industry.
- The Centre was told to consider a revival fund under NARCL or an expanded SWAMIH for last-mile financing subject to CAG audits, while states must strengthen RERA capacity and the registry must circulate the ruling to top officials for immediate action.