Supertech North Eye Homebuyers Move NCLAT Against NBCC Over Delay In 16 Projects

Supertech North Eye homebuyers have moved the National Company Law Appellate Tribunal (NCLAT), alleging that NBCC has not complied with timelines fixed by the tribunal for awarding construction works and commencing work on 16 stalled Supertech projects.

The application has been filed by North Eye homebuyer Priyanka Srivastava and the Supertech Group Buyers Association North Eye Association.

Homebuyers allege that there has been no material progress in execution of the 16 projects and that there is no comprehensive project-wise disclosure regarding award of contracts, mobilisation of contractors and commencement of construction.

The NCLAT's December 12, 2024 order had entrusted NBCC with 16 Supertech projects and required it to take necessary steps for their completion. The applicants have pointed out that the tribunal had expected NBCC to go beyond the role of a conventional project management consultant and monitor and ensure completion of the projects, considering the prolonged wait of homebuyers.

The NCLAT's May 6, 2026 order subsequently required Conditions II, III, V and VI under NBCC's terms of reference to be completed by July 31, 2026. NBCC was also required to start the process of awarding works before July 31, complete the awards within one month and commence construction from October 1, 2026.

The homebuyers allege that even the process of awarding works was not commenced within the timeline and that no material was placed on record showing the award of construction contracts or the commencement of construction.

However, in an affidavit filed before the NCLAT on September 24, the Apex Court Committee said NBCC, in discussion with the committee, has proposed January 16, 2027, for commencement of construction, including structural and necessary repair works.

The fresh schedule was placed before the NCLAT after the tribunal, in its September 18 order, noted that the earlier October 1 construction date was approaching and that the ACC's status report had not provided prospective dates for completion of the conditions required for commencement of work. The tribunal directed the ACC to obtain instructions and place firm timelines on record.

Under the proposed schedule, NBCC will issue tenders in phases between October 1 and 15, evaluate the bids and target completion of work awards by December 31. Construction is proposed to begin from January 16, 2027.

The affidavit says NBCC proposes to issue 27 tender packages for the projects. One tender for the Rivercrest project in Rudrapur was already floated on September 16.

The ACC said due diligence and audit necessary for commencement of construction are proposed to be completed before January 16, 2027. Further due diligence may, however, continue alongside construction where issues require examination during execution.

The affidavit cites discrepancies in project records as one of the reasons for the continuing due diligence. At Czar Suites, it says the concerned land authority had approved 844 units, while 1,908 units have been constructed on the ground.

At the Upcountry project, the affidavit says 16 towers have been constructed, five of which have been handed over and 11 partially handed over. It states that the sanctioned and RERA-approved plans presently available with NBCC reflect approval only up to 30 metres, while the towers are around 75-90 metres high.

The ACC has also flagged funding as a challenge. It said institutional interim finance may take until around March 2027, while it and NBCC are pursuing alternative funding mechanisms so that construction can begin without waiting for institutional finance.

The homebuyers have alleged wilful disobedience of the NCLAT and Supreme Court orders. They have also alleged breach of the undertaking recorded by the Supreme Court on February 5, 2026, that pending works would be undertaken “on a war footing” and the projects completed within the stipulated timeline.

They have sought appropriate directions against NBCC for alleged wilful disobedience of the NCLAT orders of December 12, 2024, and May 6, 2026, as well as the Supreme Court's February 5, 2026, order.