Supreme Court Appoints Architect to Resolve Flat Dispute Between ATS Township and Homebuyer.


23 September 2025 Property Law >> Personal Law  

The Supreme Court of India, on September 23, 2025, initiated a proceeding to settle a matter between real estate company ATS Township Pvt. Ltd. and a consumer, Neerja, concerning the size and condition of a residential unit. The case was heard by a Division Bench of Justice Dipankar Datta and Justice Augustine George Masih.

During the proceedings, senior advocate K. Parameshwar represented the developer, and senior advocate Rekha Palli represented the purchaser. The court was told that a joint inspection had already been conducted earlier, as per the court's August 11, 2025 order. Nevertheless, the parties did not agree: whereas the purchaser had insisted that the flat needed to be repaired extensively, the developer argued that only patch-up work was required.


 

 
 
 

Another key area of contention was with regard to the unit size. The provisional allotment letter that was sent to the buyer had noted the area to be 1,626 square feet, subject to variation. The developer claimed that the super built-up area had grown by around 140 square feet, qualifying it to seek an additional payment of around ?40 lakh. This stand was rejected by the buyer.

To put an end to the controversy, the Bench mandated architect Subhrangshu Gupta, who is empanelled with the Delhi International Arbitration Centre, to carry out an independent inspection. The court instructed him to liaise with both sides—the buyer, Neerja, and Arpit Sharma, the representative of the company—to finalize a date of inspection, preferably by October 3, 2025.

The mandate of the architect is to measure both the super built-up and carpet area of the flat as well as determine the nature and value of repairs required to make it habitable as a new flat. The freedom has also been 

exercised to draw attention to any other material observations in relation to the issue. His report is to be filed with the court by October 8, 2025.

The court also directed that the expense of the architect's visit and report shall be paid by the developer, ATS Township Pvt. Ltd.