The role of the judiciary in rendering equitable justice

[NealFlower]

The recent Supreme Court judgment delivered by Justices Shri.Ranganath Mishra, Shri.P.B.Sawant and K.Ramaswamy, on a Civil Appeal should be an eye opener for the builders involved in real estate development. It may be noted here that with respect to the developments in Real Estate is charting a different trend and similar incidents mentioned in this case are commonplace in the district. Actually, the case was between M/s. Shantistar Builders, Appellant Vs Narayan Khimalal Totame and others, Respondents. The dispute arose due to the violation by the builder of the terms and conditions laid down in the order of exemption. The respondents took the builder to task on the issue that the builder had violated the conditions imposed in the order of exemption under sections 20 and 21 of the Urban Land (Ceiling & Regulation) Act enacted by the Government of Maharashtra. According to the aggrieved party, the needs of the weaker sections of the society was not properly attended to and that a big racket is being run by the real estate speculators to eliminate the economically weaker sections through unauthorized means to make illegal profits out of such transactions. The Supreme Court after considering the facts of the case issued a working guideline and a ‘means test’ for identifying the ‘weaker sections of the society’. It shall be adopted and for considering the present income of the family. The annual income of the applicant must not exceed Rs.18, 000 to come within the meaning of the term to qualify for the allotment of land and the limit should be changed from time to time according to the changes in the price index and other parameters. The Supreme Court has also recommended the appointment of a Committee. This committee should have a judicial officer above the rank of Additional District Judge as the Chairman and the Government Engineer not below the rank of Superintending Engineer as the Competent Authority. The Honorable Court directed that similar guidelines must be put in place in other states.