Supreme Court Issues Notice On NBCC RERA Exemption Plea
ECONOMY & POLICY

Supreme Court Issues Notice On NBCC RERA Exemption Plea

The Supreme Court has issued notice on the petition filed by National Buildings Construction Corporation (India) Limited (NBCC) challenging the National Company Law Appellate Tribunal (NCLAT) decision refusing exemption from provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA). The plea concerned NBCC's role in completing 16 stalled Supertech Limited projects. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana has posted the matter for hearing on September 24, 2026.

In its May 22, 2026 order the NCLAT said it was not competent to grant any exemption from RERA and noted that it had issued directions to relevant statutory authorities. Those directions asked RERA authorities to consider and grant necessary approvals within a time bound period. The tribunal reasoned that such directions adequately protected NBCC's interests and therefore declined to allow a statutory exemption.

NBCC had sought relief from several RERA obligations, including the requirement to maintain a separate bank account and to deposit seventy per cent of amounts realised from allottees into that account. It also sought exemptions from requirements relating to allottee approvals and prior consent for transfer or assignment of majority promoter rights and liabilities. The application seeks modification and clarification of NCLAT's December 12, 2024 order that directed completion of the 16 projects after Supertech Limited's corporate insolvency resolution process began on March 25, 2022.

NBCC proposed to undertake construction and the tribunal clarified that the Supreme Court constituted committee would make final project wise decisions. It added that NBCC must only facilitate obtaining the Rs 1 bn initial finance and need not fund that amount, and fixed its fee at eight per cent comprising seven per cent project management consultant fee and one per cent marketing fee. On April 20, 2026 the Supreme Court asked NCLAT to consider whether court appointed oversight should extend to all Supertech projects or remain limited to the 16 entrusted to NBCC.

The Supreme Court has issued notice on the petition filed by National Buildings Construction Corporation (India) Limited (NBCC) challenging the National Company Law Appellate Tribunal (NCLAT) decision refusing exemption from provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA). The plea concerned NBCC's role in completing 16 stalled Supertech Limited projects. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana has posted the matter for hearing on September 24, 2026. In its May 22, 2026 order the NCLAT said it was not competent to grant any exemption from RERA and noted that it had issued directions to relevant statutory authorities. Those directions asked RERA authorities to consider and grant necessary approvals within a time bound period. The tribunal reasoned that such directions adequately protected NBCC's interests and therefore declined to allow a statutory exemption. NBCC had sought relief from several RERA obligations, including the requirement to maintain a separate bank account and to deposit seventy per cent of amounts realised from allottees into that account. It also sought exemptions from requirements relating to allottee approvals and prior consent for transfer or assignment of majority promoter rights and liabilities. The application seeks modification and clarification of NCLAT's December 12, 2024 order that directed completion of the 16 projects after Supertech Limited's corporate insolvency resolution process began on March 25, 2022. NBCC proposed to undertake construction and the tribunal clarified that the Supreme Court constituted committee would make final project wise decisions. It added that NBCC must only facilitate obtaining the Rs 1 bn initial finance and need not fund that amount, and fixed its fee at eight per cent comprising seven per cent project management consultant fee and one per cent marketing fee. On April 20, 2026 the Supreme Court asked NCLAT to consider whether court appointed oversight should extend to all Supertech projects or remain limited to the 16 entrusted to NBCC.

Related Stories

Gold Stories

Next Story
Infrastructure Urban

PMC Approves Rs 5.78 bn Waste Processing Contract

The Pune Municipal Corporation approved a Rs 5.7796 billion (bn) fifteen-year contract to process 500 metric tonnes (t) of waste daily at the Devachi Uruli depot and allowed unauthorised overhead cables to remain temporarily for one year subject to a fee. The decision was taken by the civic body to appoint a private operator for an integrated waste facility covering about 12 acres. The approval frames the contract as an operational arrangement with a fixed base rate and annual adjustments. The contract was awarded to Bhoomi Green Energy Envirocare LLP, which quoted Rs 772 per t, compared with ..

Next Story
Infrastructure Urban

Kerala High Court to Inspect Brahmapuram Waste Plant

Two judges of the Kerala High Court, Justice Bechu Kurian Thomas and Justice Gopinath P, will inspect the Brahmapuram waste management plant on 11 September as part of the suo motu proceeding on the plant's maintenance. The inspection was scheduled to allow the bench to assess conditions on site and to verify representations made by municipal and state authorities. The court listed the site visit during a hearing and directed officials to prepare for an on-site review. The bench instructed authorities to file a detailed report on the plant's present functioning ahead of the visit. It said the ..

Next Story
Infrastructure Transport

Ahmedabad Geetamandir Bus Port Terminal Two Ready with Airport Facilities

Ahmedabad’s Geetamandir Bus Port has completed a separate Terminal Two, which is ready to serve passengers travelling to Saurashtra-Kutch and North Gujarat. The facility has been developed with airport like facilities to improve passenger comfort and ease of travel. Deputy Chief Minister Harsh Sanghvi is scheduled to inaugurate the new terminal today. Authorities say the design focuses on smoother boarding and reduced congestion. Terminal Two will become operational from 13 August and is expected to handle 1,091 buses daily servicing routes to Saurashtra-Kutch and North Gujarat. The new arra..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement