Just a moment...
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether a petition under Article 32 of the Constitution of India was maintainable to seek cancellation of agreements in a real estate project, refund of purchasers' money, directions for completion of the project, constitution of a monitoring committee, forensic audit, and criminal investigation, when statutory remedies were available.
Analysis: The reliefs sought would require the Court to assume control over the management and execution of a construction project and to supervise its day-to-day functioning, which lies beyond the proper scope of Article 32 jurisdiction. The field is occupied by a statutory framework, including legislation governing consumer remedies, real estate regulation, insolvency, and criminal procedure, which provides appropriate forums and procedures for redress. The petition was also not one espousing the claims of a defined class of similarly placed buyers. In such circumstances, direct recourse to Article 32 was held to be inappropriate, though the petitioner was left free to pursue remedies under the applicable statutes.
Conclusion: The petition under Article 32 was not maintainable for the reliefs sought and was declined.
Ratio Decidendi: Article 32 is not to be invoked to convert the Court into a supervisory authority for managing a private construction project where an adequate statutory remedial framework already exists.