| Allahabad High court strict against illegal construction in GHAZIABAD city Writ Petition No. 39897 Of 2014: Suresh Chandra Sharma and 11 others versus The State of U.P. and 4 others Allahabad High Court strict against the illegal constructions done by the Promoters as it warned GDA for authorising such constructions. Allahabad high court In a writ petition filed by the residents of Paramount symphony, Crossings Republic, challenging the compounding of a map done by the GDA, the Allahabad high Court has negated the defense of GDA of need of more houses and of alternate remedy of challenging such orders before State Government. Court has asked GDA and Builder to file reply within 3 weeks. The court said that any action by the respondents till the writ is decided shall be subject to any directions made in the writ petition. The petitioners purchased apartments from the promoter and at the time of purchase they were shown an approved layout plan map of the project in year 2008 and they were also informed about the heights of other towers located around their tower in which they were to be allotted apartment. The map shown by the promoter had provisions for open area, parks, wide footpath and roads, car parking facilities, community centre, swimming pool and all other necessary facilities. The flat which were allotted to the petitioners had access to direct sunlight and panoramic view of the region and taking note of such good facilities the petitioners invested their hard earned money for purchasing their dream home from the promoter. However, when the petitioners shifted to their apartments they were shocked to notice that the adjacent tower which as per the plan shown to them was to be only of single floor was being constructed above ground floor and against the sanctioned plan of 26.02.2009 and the area of the building was also expanded consequently the area of the park had decreased to much extent. The petitioners made several complaints before the Ghaziabad Development Authority where no heed was paid to any of the complaints. As per a Status report prepared by GDA, for the first time the illegal construction of the promoter was documented. From the status report it became clear that as per the 2009 sanctioned plan of tower U-3, the builder can construct only two basement and one ground floor (2B+G), 12 units of apartments covering floor area of 1175.65 sq. m. As per the revised sanction plan of 2011 he was allowed to construct 6 floors (2B+G+3) having 30 apartments to be built in an area of 3039.63 sq. m. However, the real scenario is completely shocking and the respondent no.5 has constructed around 25 floors above the basement having 288 flats covering an area of 10281.33 sq. meters. Paramount Symphony The petitioners filed a writ petition before the Hon'ble Allahabad High Court on 4th August 2014 where the counsel for the petitioners submitted that: as per section 4 of the U.P. Apartment Act, 2010 once the petitioners had entered into an agreement with the respondent no. 5 for purchasing a flat in his township they had become co-owner in the open area of the township and as such after coming into operation of U.P. Apartment Act, 2010 on 19.03.2010, the respondent no. 5 had no right to alter any plan without getting prior consent of the petitioners. so far the respondent no. 5 has constructed 288 flats in Tower U-3 (Maple Tower) whereas he was allowed to construct only 12 flats as per the sanctioned plan dated 26.02.2009. The construction of these additional and illegal flats has extensively jeopardized the interest of the existing flat owners as the allied infrastructure remains the same viz. the open area, parking space, footpaths, swimming pools, roads, sewer lines, water line, lifts etc. the foundation of the buildings are designed and constructed only to bear the load of initially planned building and subsequently by raising the floors of the building the promoters are putting the life of residents of the society under constant danger. The NCR zone falls under seismic belt of the country and as such alteration in plans and compounding should not be allowed when it comes to the raising of no. of floors. The petitioners had only intention to buy a house for themselves from the promoter and not litigation but the action of the promoter compelled them to knock the doors of the court. THE COURT expressed its anguish against the GDA as it said that GDA is miserably failing to protect the interest of innocent buyers and there is apparent nexus between the authority and promoters. Court admitted the writ petition negating the vehement opposition shown by GDA on ground of alternative remedy. GDA also presented a copy of sale deed between promoter and the buyer highlighting the clause 3 where promoter had a clause saying the petitioners/vendee shall have no objection to any further construction on the site/FAR/compounding plans/ variation in layouts or on any other ground whatsoever etc, however counsel for petitioners submitted that such clauses are void under the law of the land. The court shall hear the matter after 3 weeks once the counters will be filed in the matter by GDA and promoter. The court also observed that any action of the promoter and GDA during the pendency of this writ shall be subject to the outcome of the the writ petition. |
Best Regards
Akhil P. Chhabra
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