This story is from October 09, 2018
Delhi Police free to probe complaint against Amrapali Group: SC
NEW DELHI: The Supreme Court on Tuesday said that the Delhi Police was free to investigate a complaint against
A bench of justices Arun Mishra and UU Lalit, which send three directors of the group to police custody for not handing over all the documents to the forensic auditors, dealt with an application filed by the police in this regard.
Additional solicitor general Vikramjit Banerjee, appearing for the police, told the bench that they wanted to be impleaded as a party in the case since a complaint has been received by the Economic Offences Wing (EOW) against the group.
He referred to the apex court's March 27 order which had said that "No coercive action will be taken by any authority with respect to the building where completion is going on under the order passed by this court."
The bench, which observed that the application has been filed by the police "unnecessarily", said that its March 27 order had not dealt with any criminal case.
"We had not stayed any criminal investigation," the bench said.
The court also said that the observations referred to by the police do not deal with any police investigation in any criminal case or in any FIR which might have been registered with the EOW.
"We have not passed any such order. Nothing comes in the way of Delhi Police, Economic Offences Wing, to make any criminal investigation in any case which is required to be made. Let the investigation be made," the bench said.
"The Delhi Police, Economic Offences Wing, is also free to file charge-sheet and take all appropriate steps. Nothing comes in the way of the Delhi Police to make investigation as per law. Let steps taken be reported to this Court within three months," the court said and disposed of the application.
The apex court is seized of a batch of petitions filed by hassled home buyers who are seeking possession of around 42,000 flats from the group.
The top court had earlier allowed National Buildings Construction Corporation Ltd (
On September 12, the apex court had appointed NBCC to develop stalled projects of the realty firm and directed the Debts Recovery Tribunal to sell the unencumbered commercial properties of the group.
The NBCC had earlier given a proposal for completion of 15 residential projects of Amrapali having 46,575 flats at an estimated cost of Rs 8,500 crore in six to 36 months.
Amrapali
Group of companies as the court had not stayed a criminal probe in any case against the embattled real estate firm.A bench of justices Arun Mishra and UU Lalit, which send three directors of the group to police custody for not handing over all the documents to the forensic auditors, dealt with an application filed by the police in this regard.
He referred to the apex court's March 27 order which had said that "No coercive action will be taken by any authority with respect to the building where completion is going on under the order passed by this court."
The bench, which observed that the application has been filed by the police "unnecessarily", said that its March 27 order had not dealt with any criminal case.
The court also said that the observations referred to by the police do not deal with any police investigation in any criminal case or in any FIR which might have been registered with the EOW.
"We have not passed any such order. Nothing comes in the way of Delhi Police, Economic Offences Wing, to make any criminal investigation in any case which is required to be made. Let the investigation be made," the bench said.
The apex court is seized of a batch of petitions filed by hassled home buyers who are seeking possession of around 42,000 flats from the group.
The top court had earlier allowed National Buildings Construction Corporation Ltd (
NBCC
) to float tenders for selecting the builder to complete the stalled projects of Amrapali Group and had asked it to prepare a detailed project report for pending projects within 60 days.The NBCC had earlier given a proposal for completion of 15 residential projects of Amrapali having 46,575 flats at an estimated cost of Rs 8,500 crore in six to 36 months.
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