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SC Warned Amrapali Directors, says “Would Be Rendered Homeless If Tried To Play Smart”

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

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The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons
The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons
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The Supreme Court on Wednesday asked the Directors of the Amrapali Group to file details of all their movable and immovable assets along with valuation, and warned them that they would be rendered homeless if they tried “to play smart.”

A bench of Justice Arun Mishra and Justice U.U. Lalit clarified that all the properties of the directors would be sold if the company failed to raise Rs 5,112 crore required to complete its unfinished housing projects.

The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore.

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

"Don't burden the home-buyers. Don't try to be smart. Tell your Directors also," the bench told the counsel. Wikimedia Commons
“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel. Wikimedia Commons

When the company’s counsel Gaurav Bhatia told the court that home-buyers will also pay to help it raise Rs 5,112 crore, the court said: “The home-buyers will not pay a penny.”

“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel.

“Tell us how you intend to arrange the money? Otherwise, you will be rendered homeless,” the bench said.

The court told the Directors that as they had made buyers wait for their homes, they will also search for their homes if they don’t submit the plan to arrange for money for the unfinished projects.

“Days are not away when you (Directors) will compel us to do this. If necessary, we will take every strip (of land) if you compel us. Next time, come (to the court) with the proposal,” the top court observed.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons
The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons

When the court was told that electricity supply at two projects of Amrapali — Zodiac and Silicon Valley — has been disconnected, it ordered the power companies concerned to restore electricity by Wednesday itself.

The court posted the matter for August 14.

On August 1, the court slammed the Amrapali Group for playing “fraud and dirty games” with it and ordered freezing of bank accounts of all the Directors of its 40 firms, besides attaching their personal properties.

Public sector undertaking National Building Construction Corporation was also directed to take over all 16 unfinished projects of the Amrapali Group.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers.

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The apex court has been hearing a batch of pleas filed by home-buyers who have sought quashing of the National Company Law Tribunal order to admit insolvency proceedings against the Amrapali Group.

The buyers belong to low and middle income groups and must be granted equal protection as other stakeholders, the financial and operational creditors, the home buyers’ plea said. (IANS)

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India Gets A Win, Supreme Court Decriminalizes Homosexuality

In December 2013, a Supreme Court bench said that it was for the legislature to look into desirability of deleting section 377 of IPC.

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Homosexuality, India
SC decriminalises homosexuality, victory for gay rights. Pixabay

 In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.

In separate but unanimous verdicts, a five-judge Constitution Bench of Chief Justice Dipak Misra, Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra partially struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional.

The bench said it is no longer an offence for LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community to engage in consensual sex between two adults in private.

Reading out the judgment, Chief Justice Misra said attitudes and mentality have to change to accept others’ identity and accept what they are, and not what they should be.

Homosexuality, India
LGBTIQ people have a right to live unshackled from the shadow.
Pixabay

“It is the constitutional and not social morality which will prevail,” said the court.

The verdict sparked celebrations in the LGBTIQ community across India even as the judgment was being read out. Many of the community members who had assembled outside the apex court jumped in joy and distributed sweets.

Chief Justice Misra said consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.

Section 377 will not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians, the court said, clarifying that sexual act without consent and bestiality will continue to be an offence under section 377.

“An individual has full liberty over his or her body and his or her sexual orientation is a matter of one’s choice,” said the Chief Justice.

“Time to bid adieu to prejudicial perceptions deeply ingrained in social mindset. Time to empower LGBTIQ community against discrimination. They should be allowed to make their choices,” he added.

Homosexuality, India
In separate but unanimous verdicts, a five-judge Constitution Bench struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional. Pixabay

 

In a concurring judgement, Justice Nariman said homosexuality is “not a mental disorder or disease”.

He said the LGBTIQ community has an equal right to live with dignity and are entitled to equal protection of law. He directed the Centre to give wide publicity to this judgment to remove the stigma attached to homosexuality.

Justice Chandrachud said to deny the LGBTIQ community their right to sexual orientation is a denial of their citizenship and a violation of their privacy.

“They cannot be pushed into obscurity by an oppressive colonial legislation… Sexual minorities in India have lived in fear, hiding as second class citizens,” said Justice Chandrachud, adding “the state has no business to intrude on such matters”.

Justice Indu Malhotra said that history owes an apology to the LGBTIQ community for all that they have suffered on account of the ignorance of the majority about homosexuality.

“LGBTIQ people have a right to live unshackled from the shadow,” she said.

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The Supreme Court verdict, which overruled its own earlier judgment, assumes significance as in the earlier round of litigation in 2013, the top court had reversed a Delhi High Court ruling decriminalising homosexuality.

The Delhi High Court bench, headed by then Chief Justice A.P. Shah, had in July 2009 legalised homosexual acts between consenting adults by overturning the 149-year-old law — finding it unconstitutional and a hurdle in the fight against HIV/AIDS.

In December 2013, a Supreme Court bench comprising Justice G.S. Singhvi and Justice S.J. Mukhopadhaya in the Suresh Kumar Koushal and another vs Naz Foundation and others case, had set aside the high court’s judgment and said that it was for the legislature to look into desirability of deleting section 377 of IPC.

The matter was subsequently resurrected in July 2016, when a fresh petition was filed by members of the LGBTIQ community — dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur — which was then marked to the Constitution Bench by a Division Bench.

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The reference was made on the basis of submission that it was the first time that individuals directly affected by the provision were approaching the court.

Among the petitioners are a batch of current and former students of Indian Institutes of Technology. Claiming to represent more than 350 LGBTIQ alumni, students, staff and faculty from the IITs, the petitioners said that the existence of Section 377 had caused them “mental trauma and illnesses, such as clinical depression and anxiety and relegated some of them to second-class citizenship”. (IANS)