The owners of 1,140 posh flats in 34 towers in the Commonwealth Games Village near Akshardham Temple will finally heave a sigh of relief.
The Delhi high court on Friday directed the Delhi Development Authority (DDA) to complete formalities for issuing completion certificates to the developer, EMAAR-MGF, within four weeks. This was the biggest hurdle in granting possession to buyers for the past two years.
“All formalities be completed by the DDA for grant of completion certificate within four weeks from today,” Justice GS Sistani said, disposing of a plea by the CWG Village Flat Allottees Association for a direction to expedite the process of issuing completion certificates.
Since 2011, the flat allottees were caught in a fight between the DDA and EMAAR-MGF over the latter’s alleged floor area ratio (FAR) violation in the buildings.
Allowing the DDA to keep 28 flats for itself, the court said: “For the balance flats, a completion certificate will be granted and the petitioners will be given possession on their completion of all formalities by the developer.”
The DDA maintained that the developers alone were liable for the excess coverage as they had made unauthorised changes in the internal dimensions of the flats. The FAR row is still pending before a tribunal.
The court recorded the statement of the builder and DDA standing counsel Ajay Verma who said they hoped that a situation may arise where a demolition order may not have to be passed and the matter is likely to be resolved by paying a penalty (compoundable charges) for the excess area.
The court gave the DDA the liberty to approach the Urban Development ministry and seek permission to regularise the excess construction in the flats.
Things started moving in favour of the allottees only on December 18, 2011, when the court slammed the urban development ministry for delay in handing over the flats to the buyers.
The DDA had approached the ministry for regularisation of the 12,841.35-sq.-metre excess built-up area in the Games Village complex.