Allahabad HC stays allotment of flats in Greater Noida’s Supertech Czar Suites

The court has also ruled that no third party rights will be created in any illegally constructed flat. Further, if any third party rights has already been created, then possession of flats will not be transferred by the builder.

The Allahabad high court on Wednesday stayed the allotment of illegally constructed flats in Supertech Czar Suites on plot no. GH-2, Sector - Omicron-1 of Greater Noida.

Petitioners alleged that the builder had constructed flats without requisite permission from the Greater Noida authority and, later on, it applied for sanction only to legalise its illegal constructions. fla

The court has also ruled that no third party rights will be created in any illegally constructed flat. Further, if any third party rights has already been created, then possession of flats will not be transferred by the builder. In case any buyer is already in possession of flat, it will be subject to the final outcome of the writ petition.

The court has also directed the Greater Noida development authority to not issue completion certificate to the builder. Further, the authority has been directed to take appropriate action in accordance with law against the builder.

The bench comprising Chief Justice DB Bhosale and justice Yashwant Varma passed the order while hearing a petition filed by VK Sharma and eight others.

In the petition, it was claimed that the petitioners are buyers of flats in ‘Supertech Czar Suites’ project. As per original sanction in 2007, given by the Greater Noida authority, the builder was permitted to construct 844 flats in the project. However, it applied for revised sanction and, in violation of laws, constructed 1,904 flats.

Petitioners alleged that the builder had constructed flats without requisite permission from the Greater Noida authority and, later on, it applied for sanction only to legalise its illegal constructions.

A request was made by the petitioners to seize all illegally constructed flats and to stop the builder from selling any illegally constructed flat to the public.

The court has directed the Greater Noida Industrial Development Authority to ensure that one of its competent officers is present in the court on the next date of hearing to assist the court with facts of the case.

The court has fixed February 8, 2017 as the next date of hearing.