5 such cases like Supertech with Allahabad HC
Supertech, real estate major, have been asked by the Allahabad High Court’s in recent order to demolish two towers in Noida for violating building laws that has left the residents in the lurch even as the developer grapples to refund their money with 14% interest.
There are several other developers in Noida and Ghaziabad against whom cases have been filed in the Allahabad HC by resident welfare associations (RWAs) for alleged violation of laws and agreements but Supertech may be the first developer in recent times to get the high court’s rap. The common thread running through these complaints is the modification of the original, approved plan without the RWA’s consent and at least five cases, against three developers, have been filed in the HC.
Earlier, the Competition Commission of India had penalised real estate developer DLF, in Gurgaon, for violation of a similar nature. The matter is presently before the appellate tribunal.
According to the Uttar Pradesh Apartments Act, 2010, without the consent of regulatory authorities such as the project engineer, architect and the RWAs, the developers cannot make alterations in the original, approved plan.
The alleged violation in case of Omaxe, against which two cases are pending in the Allahabad HC, is creation of stores in the basement area, building apartments in the area reserved for parking, and building villas in the common green area.
Similarly, the allegation in the case against Assotech Realty’s Windsor Park project is that the developer has prohibited the RWA from the management of common areas and facilities.
Omaxe didn’t respond to email queries from FE. Assotech Realty said “In the Windsor Park Complex there are multiple RWAs. The company wants to hand over the complex to the genuine RWA, but in the light of multiplicity of RWAs and pending litigation it is restrained from doing so. All the RWAs have been instructed by the Ghaziabad Development Authority (GDA) to maintain status quo in the complex”.
Source: Financial Express
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