NBCC Moves SC for RERA Relief in 16 Supertech Projects

• Supreme Court will hear NBCC’s plea on September 24
• Request concerns RERA compliance for 16 Supertech projects
• Nearly 27,000 homebuyers are awaiting possession

The National Buildings Construction Corporation (NBCC) has approached the Supreme Court seeking exemptions from certain provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA) for completing 16 stalled Supertech housing projects. The Supreme Court on Monday agreed to hear the plea against an earlier National Company Law Appellate Tribunal (NCLAT) order that refused to grant such exemptions.

The matter is significant for thousands of Supertech homebuyers who have been waiting for their homes for years. The 16 projects, spread across Uttar Pradesh, Uttarakhand, Haryana and Karnataka, together involve nearly 49,748 housing units, with around 27,000 buyers awaiting possession. The Supreme Court has scheduled the matter for consideration on September 24.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notices on NBCC’s plea and sought responses from the Centre and Ram Kishor Arora, former director of Supertech.

Attorney General R. Venkatramani, appearing for NBCC, told the court that the plea relates to seeking exemption from certain statutory requirements under RERA while executing the stalled projects. The court has decided to hear the matter alongside other pending cases.

The issue arose after the NCLAT, on May 22, declined to direct any waiver from RERA provisions, observing that it did not have the authority to exempt a project from mandatory statutory requirements.

NBCC had approached the NCLAT after receiving liberty from the Supreme Court on February 5 to raise concerns regarding the terms and conditions attached to its responsibility for completing Supertech’s projects.

The Supreme Court had earlier backed the NCLAT’s direction requiring NBCC to take forward the stalled developments. Using its powers under Article 142 of the Constitution, the apex court upheld the December 12, 2024 NCLAT order and directed that the construction process should not be disrupted by other tribunals or high courts.

The objective was to prevent further delays and protect the interests of homebuyers who have already faced prolonged possession delays.

16 Supertech Projects Covered

The NCLAT had directed NBCC to complete 16 residential projects located across the NCR, Dehradun and Bengaluru. The projects were divided into three proposed phases.

Phase 1:

• Eco Village-2, Greater Noida
• Romano, Noida
• Capetown, Noida
• Czar Suites, Greater Noida
• Eco Village-3, Greater Noida
• Sports Village, Greater Noida
• Eco-Citi, Noida

Phase 2:

• NorthEye, Noida
• Upcountry, Yamuna Expressway
• Eco Village-1, Greater Noida
• Meerut Sports City, Meerut
• Green Village, Meerut

Phase 3:

• Hilltown, Gurugram
• Aravile, Gurugram
• Rivercrest, Rudrapur
• Doon Square, Dehradun
• Micasa, Bengaluru

The stalled projects have been caught up in Supertech’s financial difficulties and subsequent insolvency proceedings. The insolvency case was initiated by Union Bank of India on March 20, 2021, over alleged dues of more than ₹431 crore, along with accrued interest.

For homebuyers, the ongoing legal proceedings over RERA compliance could directly affect how quickly construction can move forward. While NBCC has been tasked with completing the projects, the requested regulatory relief is aimed at avoiding additional procedural hurdles during execution.

The matter is particularly important for buyers who have already spent years waiting for possession and are looking for a clear path toward completion.

The Supreme Court will hear NBCC’s plea on September 24 after receiving responses from the Centre and former Supertech director Ram Kishor Arora. The court’s decision could determine whether NBCC receives the requested relief from certain RERA requirements while completing the stalled developments.

The NCLAT had earlier directed NBCC to begin awarding construction work by March 31, 2025, with construction expected to start from May 1, 2025. It also ordered the creation of an apex court committee and project-level committees to oversee the developments.

The Supreme Court’s upcoming hearing will therefore be closely watched by Supertech homebuyers, particularly those waiting for construction and possession to progress.

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