Allahabad HC stays allotment of ‘illegal flats’ in Greater Noida
The court ruled that no third-party rights can be created for these flats, and if any have been done already, the builder cannot transfer possession.noida Updated: Jan 11, 2017 14:38 IST
The Allahabad high court stayed the allotment of “illegally constructed flats” at the Supertech Czar Suites project in Greater Noida on Wednesday.
The court also ruled that no third-party rights can be created for these flats, and if any have been done already, the builder – Supertech Limited – cannot transfer possession. If a buyer has already taken possession of an apartment, it will be subject to the outcome of the writ petition.
The high court bench, comprising chief justice DB Bhosale and justice Yashwant Varma, passed the stay order on a plea filed by nine flat buyers. The petitioners said as per the original sanction granted by the Greater Noida Industrial Development Authority (GNIDA) in 2007, the builder was permitted to construct 844 flats at the project. However, it later applied for a revised sanction, and constructed 1,904 flats in violation of the law.
The petitioners said the builder constructed the flats without the permission of the development authority, and applied for sanction just to legalise it. They further requested the court to direct the seizure of all such illegally constructed flats, and prevent the builder from selling them to the public.
The court, while passing the stay order, directed GNIDA to not issue a completion certificate for the project, and take appropriate action against the builder. It also asked the agency to ensure that one of its officials is present in court on February 8, the next date of hearing, so he/she can assist with the facts of the case.