NEW DELHI: The Supreme Court on Friday said that the government cannot remain a silent spectator to the challenges faced by lakhs of homebuyers across the country who are expressing delays in receiving their flats.
In its order, the SC directed the Centre to find effective ways to infuse funds in incomplete housing projects and consider taking over such projects.
“The Government is constitutionally obliged to protect the interests of homebuyers and the economy at large. It is not merely about houses or apartments; the banking sector, allied industries, and employment for a large populace are also at stake,” observed a two-judge bench of Justices J B Pardiwala and R Mahadevan.
Highlighting that this is a matter of policy falling within the exclusive domain of the Government, the court added that the Centre cannot remain a silent spectator.
It added that the right to housing is not merely a contractual entitlement but a facet of the fundamental right to life under Article 21, and its protection is a constitutional obligation, and the government must ensure that the “dream home” of India’s citizens does not turn into a lifelong nightmare.
Stressing that the State carries a constitutional obligation to create and strictly enforce a framework wherein no developer is permitted to defraud or exploit homebuyers, the SC directed that ensuring timely project completion must be a cornerstone of India’s urban policy.
“Equally, the State must proactively address the menace of a parallel cash economy and speculative practices in the real estate market, which artificially inflate housing costs and enable “trigger-happy” investors to jeopardise the interests of genuine end-users, the bench said.
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