Allahabad HC orders sealing of over 1,000 Supertech flats in Greater Noida
The Allahabad high court on Thursday ordered sealing of more than 1,000 flats in the Supertech Czar residential project of Greater Noida which were constructed allegedly without due approvals.delhi Updated: Apr 20, 2017 23:37 IST
The Allahabad high court on Thursday ordered sealing of more than 1,000 flats in the Supertech Czar residential project of Greater Noida which were constructed allegedly without due approvals.
The bench comprising Chief Justice DB Bhosale and Justice Yashwant Varma passed the order when the builder failed to provide details regarding the number of flats wherein third party rights had already been created and those which had already been transferred to respective buyers.
As per the petition filed by VK Sharma and eight others who had invested in the project, there are around 1,904 flats in the project, constructed on plot no. GH-2, Sector- Omnicon 1 of Greater Noida, of which, only 844 flats are legal as per original sanction granted by the Greater Noida Authority. More than 1,000 of these flats have been constructed illegally, the petitioners have alleged and claimed that the real estate developer had applied for the sanction at a later stage “to legalize its illegal sanctions”.
On February 22, the Greater Noida authority had sealed illegal villas and few flats in the Supertech’s Czar housing complex in sector Omicron following an earlier Allahabad high court order.
“But the authority did not implement the HC order in totality. Therefore we put forth the facts before the HC that how the Greater Noida authority sealed only few flats to please the builder. Even HC considers our pleas correct and expressed that it is not satisfied with the authority action. As a result, HC once again has directed the authority to seal all the flats which are illegal built in violation of sanctioned layout map. We hope now the authority will implement HC order,” said Vikas Sharma, petitioner.
The court has asked the builder to file an affidavit containing all details in respect of ownership and possession of flats by the next date of hearing on May 2.
Supertech rejected the allegations as false. “The court has asked us to submit details of all flats allotted and not allotted and number of flats given possession to buyers. We will provide all details sought on the next hearing date. We have constructed all flats as per sanctioned layout building map. We will explain to court how we constructed two flats instead of one on the same size. There is no illegal flat in the building at all,” said RK Arora, CMD Supertech Group.
However, the new chairman of Greater Noida and Yamuna Expressway authority, Dr Prabhat Kumar, said that he will ensure HC order is adhered to. “I will direct the authority to implement the HC order and take appropriate action. It cannot happen that officials will not implement this order,” he said.
Earlier, the court had restrained the builder from creating third party rights in any of the illegal flats henceforth. It also said that if any third party rights have already been created, then possession of the flats must not be transferred. In case of any buyer already being in possession of a flat, the same will be subject to the outcome of this petition
The court had also directed the Greater Noida Authority not to issue completion certificate to the builder. Further, the authority was directed to take appropriate action against the builder.