Prayagraj, Oct 28 The Allahabad High Court has directed the demolition of entire tower numbers 27 and 28 and ninth and tenth floors of tower numbers 16, 17, 18 and 19 of Gulmohar Greens Residential Society in Ghaziabad.
A bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan on Tuesday directed the Ghaziabad Development Authority (GDA) to carry out the demolitions within two months.
“We also permit GDA to recover the expenses incurred in demolition from the promoter as arrears of land revenue. We further direct the district administration as well as police authorities to provide adequate assistance and security to the officers of GDA at the time of carrying out demolition in compliance with this order,” the court added.
The direction was passed while hearing a petition filed by the owners and residents of the apartment situated at Gulmohar Greens Residential Society, Katori Mill, Mohan Nagar in Sahibabad, who had moved court challenging the compounding map against them.
In its 95-page judgment, the court observed that the project had started in the year 2005 but it has not been completed even though more than 20 years have passed. The promoter has not obtained the completion certificate despite the fact that under the Uttar Pradesh Apartment Act, 2010, the responsibility to obtain completion certificate is of the promoter.
“In such a pitiable situation, we cannot expect the apartment owners — who have invested their hard-earned money and on many occasions have managed the funds from finance companies, financial institutions or banks with a liability — to pay EMIs on getting the loan sanctioned, which begins immediately after loan amount is paid to the promoter,” the court added.
“In such a situation, the apartment owner cannot afford to wait till the time the promoter obtains the completion certificate. Because of these compulsions and constraints, the apartment owners have no option but to occupy the apartments to ease out their financial burden.”
The court also observed that Inspector Surendera Singh has not conducted the investigation properly and fairly, and thus has failed to discharge his duty properly.
“In such view of the fact, we suspend Inspector Surendera Singh and direct the competent authority to hold an inquiry against him for dereliction of duty,” it said.
For giving sanction to the construction of the illegal tower, the court directed the state government to institute a disciplinary inquiry against the vice chairman of the GDA who issued or approved the third compounding map dated December 18, 2024 within a period of one month from the date of this order.
Under the facts and circumstances, the court also quantified the cost of Rs 25 lakh upon the promoter which shall be deposited by him in the accounts of Gulmohar Greens Residents Welfare Association (GGRWA) within a period of one month from the date of this judgment and order, it said.
The court further directed the promoter to return the sale price of the common areas sold by him to 85 persons.
(PTI News)
