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
Resources

Schindler named among Forbes’ World’s Best Employers 2026

Schindler has been named among Forbes’ World’s Best Employers 2026, a global ranking recognising companies for their workplace environments.Compiled by Forbes in partnership with Statista, the ranking is based on independent employee feedback, including whether employees would recommend their organisation to friends and family.The company said the recognition reflected its focus on creating a workplace where employees can develop their expertise and build careers. ..

Next Story
Infrastructure Urban

India needs an export-execution mindset: Vishesh Jain

Interview with Vishesh Jain, Founder & CEO, EximpleWhat gaps in India’s global trade ecosystem led you to build Eximple, and what problem did you see businesses struggling with most?Eximple came out of a problem that all three founders had seen from different choke points in the trade ecosystem. India has millions of MSMEs and manufacturers, and many of them can make products that are genuinely competitive on quality. Yet only a small fraction is able to build meaningful international businesses. In our experience, the gap is usually not manufacturing capability; it is the ability to exe..

Next Story
Building Material

Nuvoco reports 13.5% revenue growth in Q2 FY27

Nuvoco Vistas Corp. Ltd. reported consolidated revenue of Rs 27.9 billion for Q2 FY27, up 13.5% year on year. Cement sales volume rose 9% to 4.7 million tonnes (MMT), while EBITDA increased 11% to Rs 4.11 billion.The company said it began its cement operations in 2014 with a 2.3 MMT per annum (MMTPA) operation at Nimbol. It now aims to reach 35 MMTPA of cement capacity by FY28, nearly 15 times its initial capacity. Its portfolio spans cement, ready-mix concrete and modern building materials.On sustainability and cost efficiency, Nuvoco partnered with CleanMax for a 46.4 MW wind-solar hybrid re..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code