Allahabad HC verdict will set an example, says RWA
The demolition order of two 40-floor under-construction towers of Supertech Emerald Court in Noida by the Allahabad high court has brought relief and joy to the petitioners.
It would set an example for other unscrupulous builders and discourage them from taking innocent home buyers for a ride said the petitioners who are members of the residents’ welfare association of Emerald Court group housing society, welcoming the much-awaited court order.
The petitioners had bought apartments along the Noida-Greater Noida expressway in two residential towers; namely Apex and Ceyane situated in sector 93A. In December 2012, they had filed a special leave petition against the builders for illegal construction.
RWA president, S B S Teotia, said, “We have invested our hard earned money to put a roof over our heads. We kept pleading our case to the authorities and the builder for nearly a year, but it fell on deaf ears. It was finally in December 2012 that we filed a petition in the AHC. We are happy that the prosecution of officials responsible for our situation was ordered when court took a strict action against the development authority.”
As per the petitioners, the two new towers were approved and constructed in complete violation of provisions of UP Apartments Act 2010. Members claimed that without maintaining the mandatory distance of 16 metres from an adjoining building block, the Noida Authority had given permission for raising the heights of the two towers, making it ‘unsafe, apart from blocking air and light’.
The towers were sanctioned 40 floors which were supposed to have only 24 floors. Teotia alleged that according to the Building Regulations, the ‘No Objection Certificate’ had not been acquired from members who had bought a unit in the building. “Before making additional constructions or changes, it is mandatory for builders to get an NOC from existing buyers,” he said.
“The time has come when illegalities will not be tolerated and everyone should realise that rule of law is not a purchasable commodity merely because the builder has taken protection against the sanction which, admittedly, is illegal and in violation of building regulations”, stated the HC’s observation with which the petitioners are happy.
The petitioners expect that all buyers get aptly compensated. “I am sure homebuyers of the two towers are apprehensive. We hope their money is refunded with interest,” said V K Arora, another member of the association who bought a 3BHK flat for Rs 1 crore.
Source: Times of India
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[...] The UP Act 2010 aims to provide the ownership of an individual apartment in a building of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto. The act is applicable to all projects having four or more apartments. It extends to the whole of State of Uttar Pradesh, and has been welcomed by the real estate fraternity as well as consumers. [...]