Noida: NCLAT asks firm to pass on upkeep of 2 societies to AOAs

The transfer will take place under the supervision of the interim resolution professional Hitesh Goel in the ongoing insolvency of Supertech Limited

NOIDA: The National Company Law Appellate Tribunal (NCLAT) has directed maintenance agency - YG Estates Facilities Management - to hand over maintenance of Supertech Ecociti located in Noida Sector 137, and 34 Pavilion located in Sector 34 to their registered apartment owners’ associations (AOAs) within 30 days from the date of this order.

The tribunal held that under the Uttar Pradesh Apartment Act-2010, the management of common areas must shift to a registered association once the majority of the apartment owners occupy their respective units. (HT Archive)

The transfer will take place under the supervision of the interim resolution professional Hitesh Goel in the ongoing insolvency of Supertech Limited.

The tribunal held that under the Uttar Pradesh Apartment Act-2010, the management of common areas must shift to a registered association once the majority of the apartment owners occupy their respective units.

“From the facts brought on record it does appear that 99% allottees have taken possession and a registered Association has been formed. Occupancy certificate (OC) of 2 towers was obtained as early as in 2012 and for OC for rest of the two towers, it was an obligation of the management of the corporate debtor. Insofar as a pending occupancy certificate, it shall be open for the IRP (Interim Resolution Professional) to take steps,” said bench of NCLAT chairperson justice Ashok Bhushan and technical member Barun Mitra in its order delivered on Monday but made public on Tuesday.

“Fact remains that 99% of the homebuyers have taken possession and registered Association has been formed, we are of the view that by virtue of statutory provisions of Section 14(5) as noted above the maintenance is required to be handed over to the applicant,” the bench added.

The Supertech Limited had given possession of these two housing projects in 2012. But the developer kept the maintenance with himself since then despite the apartment owners’ repeated demands of transferring the handover as per the rules.

In 2025, the apartment owners associations (AOAs) had filed an intervening application in an ongoing case in NCLAT. In response to the application, the NCLAT has delivered its detailed order thereby bringing relief to the home-buyers, who now can take care of their maintenance as per the direction.

The apartment owners in their petition had pleaded that there are 2,147 flats in Eco City and about 99% of the owners have taken possession and are living in the society, since 2015.

YG Estate said they will soon commence the order’s implementation.

“We have got the NCLAT order and the process to implement it will begin soon after talking to residents,” said Nitish Arora promoter of YG Estate.

“We are happy with the NCLAT order because it will help us to take care of the maintenance and we will no longer depend on the developer appointed by YG Estate. We were not satisfied with the services delivered by the YG Estate. And as per the rules the YG Estate must have handed over the maintenance to AOA long ago. But it is better late than never,” said Pramod Kumar Singh, a resident of Ecocity society.