Supreme Court Directs Alternative Site Before Demolition, Protecting Flat Buyers Who Relied On Official Documents

The Legal Issue This case addressed the issue of whether flat buyers who purchased properties based on official documents and approvals could be penalised through demolition, even if subsequent irregularities were found in the construction or approval process. The core question was the extent of protection afforded to bona fide purchasers who relied on governmental assurances.

Court's Reasoning The Supreme Court observed that individuals who invested in flats after verifying official documents and approvals should not suffer the consequences of administrative lapses or illegalities committed by developers or authorities. The Court recognised that these buyers acted in good faith, relying on the legitimacy of the documents presented to them. Penalising such buyers through immediate demolition without providing an alternative would be unjust and disproportionate.

What Follows The Supreme Court directed that before any demolition activity commences, an alternative site or suitable rehabilitation must be provided to the affected flat buyers. This ensures that innocent purchasers are not rendered homeless due to issues beyond their control. The authorities are now obligated to identify and allocate alternative sites or make other appropriate arrangements for these buyers prior to any demolition.