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In search of a copy of the resolution

realestate Updated: Jun 07, 2014 12:55 IST

Despite his best efforts, Minoo K Bhagwagar, convenor of the Utopia Residents’ Welfare Action Group in Sector 93 A, Noida, could not get a copy of the Noida Authority Board Resolution of June 2, 2014. He told his story to HT Estates' correspondent Jeevan Prakash Sharma

"On June 4, 2014, I went over to the Noida Authority office to obtain a copy of the Board Resolution of June 2, 2014, to get better clarity on the exact date of applicability of the UP Apartment Act 2010 in the Noida jurisdiction. (Gate pass no: 263378 of June 4, 2014. Time stamped: 12.28 pm).
After going from one department to the other, to obtain a true copy of the Board Resolution, I got confirmation from all departmental heads that the final “as approved” copy of the Board Resolution of June 2, 2014, would be available early next week.

When a senior official of the Building Department was contacted, to ascertain the exact date of applicability of the UP Apartment Act, to group housing projects in Noida, I was told that it was, “in all probability”, effective from June 2, 2014 and thereafter, but that the same needed to be reconfirmed from Noida authority officer on special duty (OSD) Manoj Rai and others.

I approached the OSD who is a competent authority designate in the Noida Authority and registered my strong protest at the fact that if the Noida Authority did not give due cognisance to the rights and privileges of an individual’s right to “property”, as enshrined in the tripartite sub lease deed - I, along with other grievously affected activist residents of various group housing projects in the flagship Sector 93-A of Noida Region, will leave no stone unturned to escalate the matter before the higher/highest judiciary till our just demands are reasonably fulfilled and justice meted out.

From the reply tendered, I got a distinct perception that the exact modalities for implementation of the Uttar Pradesh Apartment Act of 2010, were still to be frozen, and therefore, the information given by the building department was not correct.

Further, when I informed the officer on special duty OSD (M) cum competent authority designate that I have with me, on account of my spearheading the consumer complaint no: CC-95/2009 before the apex court in the National Consumer Disputes Redressal Commission (NCDRC), extensive backup material dating back all the way to March/December 2003 wherefrom one can prove chronologically that, even in 2003, the substantive requirements of the Uttar Pradesh Apartment Act 2010 were, in spirit if not in letter, very much enshrined within the body of the various legal documents exchanged in such pre-historic period, I was asked to produce/submit the same formally for review or further follow up."