Defaulters can’t seek enforcement of fundamental rights: SC

NEW DELHI: Defaulters cannot be allowed to approach the apex court to get their fundamental rights enforced against the government and its authorities, the Supreme Court said on Monday.

The apex court refused to entertain a petition filed by embattled real estate major Unitech Ltd. Unitech had filed a plea in apex court under Article 32 (right to move to Supreme Court for getting fundamental rights protected) seeking direction to Telangana State Industrial Infrastructure Corporation for the release of over Rs. 165 crore pending with it.

“We cannot entertain a defaulter or grant him indulgence under Article 32 of the Constitution. We are not going to interfere with Article 32. You better move the High Court for the relief under Article 226 of Constitution,” a bench headed by Justice Dipak Misra said.

Senior advocate Kapil Sibal, appearing for the real estate major, said the firm did not have money to pay the flat buyers and if the directions are issued to Telangana state Industrial Infrastructure Corporation to refund the pending amount of over Rs. 165 crore, then it would be of great help.

He said if the company moved the High Court, it would consume lot of time and Unitech would not be able to meet the May 8 deadline fixed by apex court. “We cannot collect money for you (Unitech). You have to pay the flat buyers for the delayed possession. It’s our order and we know how to execute our orders,” a bench, which also comprised Justice A M Khanwilkar and M M Shantanagoudar, said.

The Apex Court’s observation on Monday came after it refused to entertain a petition filed by embattled real estate major Unitech Ltd