Supreme Towers Dispute : Supreme Court Urges Justice Gita Mittal To Finalize Agreement With Builder For Reinforcement Works

The Supreme Court on Monday urged Justice Gita Mittal, former Chief Justice of J&K High Court, to finalize the agreement between the Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd, Supreme Towers Apartment Owners Association(STAOA) and the Purvanchal Constructions, the contractor, in relation to the repair and reinforcement works of the Supreme Tower apartments - the housing society at Noida for Supreme Court advocates.

On September 3, 2021, the Court had sought the intervention of Justice Gita Mittal in the matter in view of the disputes within the STAOA. The Court had also then authorized the Secretary of the Supreme Court Bar Association (SCBA) to act on behalf of STAOA as the elections to the apartment owners body were under dispute.

Today, a bench comprising Justice DY Chandrachud and Justice Surya Kant was considering a contempt petition filed by the Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd against the Managing Director of the contractor company and Advocate Sadhana Sandhu (who claims to be the President of STAO after winning elections) alleging violation of the order passed on September 3, 2021.

Senior Advocate Vikas Singh, appearing for the Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd, submitted that there is now a dispute as to who will represent the STAOA, as Advocate Sadhana Sandhu has staked a claim saying that she has been elected as its President. Singh, who also happens to the President of the SCBA, alleged that Sandhu has written a letter which is contemptuous towards the Court order.

Senior Advocate Sachin Dutta, appearing for Purvanchal Constructions, submitted that the contractor is made to shuttle between the STAOA and its apex body, and suggested that the Court appoints a committee to oversee the matter. "I want to get out of this agony and have to do the work. Your lordships may appoint some committee", Dutta submitted.

It may be recalled that in July 2020, a settlement was reached between the STAOA and the builder in a consumer dispute over deficiencies in the constructions. The builder had then agreed to undertake reinforcement works as specified in a survey report prepared by IIT Roorkee. 

"In July 2020, we had a 200 crore rupees claim against Poorvanchal. We gave up that on condition that we will have a top class construction. We are on a predicament now that we have given up that claim.  Now because of the inter-se dispute in STAOA, Sadhna Sandhu has written a contemptuous letter. This Court has already authorised SCBA Secretary to act on behalf of the STAOA", Singh submitted.

Terming the allegations of contempt "unfortunate", Sandhu submitted that the Memorandum of Understanding was between STAOA and the builder and the apex body has no role in the same. 

The bench said that the order passed on September 3, 2021, must be strictly observed in letter and spirit. This means that the STAOA will continue to be represented by the SCBA Secretary in this agreement with the builder. Though Sandhu urged the bench to authorize the STAOA President to act on its behalf in the matter, the bench did not consider it.

The order passed by the Bench stated as follows :

"The order of 03.09.2021 must be complied with in letter and spirit. The order has not been implemented primarily because the draft agreement between the Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd, STAOA and Purvanchal Construction Ltd has not been executed. Previously, this Court had requested Hon'ble Ms Justice Gita Mittal, former Chief Justice of the High Court of Jammu & Kashmir and Ladakh to intervene in the matter and to submit a report after ascertaining the view of the members of the Society on the work of repair. In order to bring finality, we would request Hon'ble Ms Justice Gita Mittal to convene a meeting of the parties to the proposed agreement so that the terms can be finalized. The agreement shall be executed within two weeks of the finalization of terms, as directed by the order of this Court dated 3 September 2021. The Secretary, SCBA has already been authorized by the previous order dated 3 September 2021. The fees and expenses payable for the work which has been assigned to Hon'ble Ms Justice Gita Mittal shall presently be borne by Purvanchal Construction Works Private Limited".

The Bench said that it is not varying the order passed on September 3, 2021. It also asked Purvanchal to bear the fees and expenses of Justice Mittal. It clarified that it is not going into the allegations of contempt now and will consider the matter after 4 weeks. 

"We are not varying that order (dated September 3). We want some way forward. We are not looking into any allegations. Now let the agreement be finalized. We'll list this now after 4 weeks", Justice Chandrachud said.

Case : Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd vs Aftab Alam |Contempt Case (Civil) No.80/2022 

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