Allahabad High Court orders demolition of 2 towers of Gulmohar Greens in Ghaziabad; FIR against promoter

The Allahabad High Court has ordered demolition of two towers constructed illegally at Gulmohar Greens Residential Society in Ghaziabad [Suresh Chander and 10 others v State of UP and 2 Others]

A bench of Justice Saral Srivastava and Sudhanshu Chauhan also directed registration of a First Information Report (FIR) against the promoter of the builder for committing various other illegalities connected to the construction.

The Court ordered the demolition of tower numbers 27 and 28 and the 9th and 10th floors of tower numbers 16, 17, 18 and 19 within two months. The tower numbers 27 and 28 have 5 floors with eight units on each.

The constructions were undertaken by Friends Land Developers, a partnership firm of SVP Builders India Limited.

The Court found that these constructions were not compoundable and that the former Vice Chairman of Ghaziabad Development Authority (GDA) had approved the compounding despite knowing that the promoter had violated the law with impunity.

The Court directed a disciplinary inquiry against the officer for the dereliction of duty and directed the GDA to pay ₹50,000 each to 11 persons who had to approach the Court against various illegalities at Gulmohar Greens.

"We have held above that in the instant case, the Officers of the Ghaziabad Development Authority are also in collusion with the Promoter, and because of their slipshod approach, the petitioners and residents of the Society had to suffer a lot and had to enter into the litigation by incurring substantial expenses, therefore, in such view of the fact, we are of the view that respondent no.2 be directed to pay a cost of Rs.50,000/- to each petitioner," the Court directed.

The Court also imposed costs of ₹25 lakh on the promoter, directing that it be deposited in the accounts of Gulmohar Greens Residents Welfare Association (GGRWA).

The Court said the promoter misrepresented the correct facts and played fraud upon the apartment owners by selling common areas at the residential society.

"Accordingly, we direct the concerned Police Station to register FIR against the Promoter for committing the offence of fraud, misrepresentation and violating the provisions of the Act, 2010 with impunity within two weeks from the date of the judgement. The investigation in the aforesaid offences shall be done by an Officer not below the rank of Additional Commissioner of Police, Ghaziabad," the Court directed.

The Court passed the order on petitions moved by Gulmohur Greens Residents Welfare Association and various residents of apartments situated there.

It was submitted that the promoters proposed to construct 34 towers having a total number of 904 units in 2006. However, the petitioners alleged that various other constructions were made by the promoter in violation of the law and initial plan.

The GDA approved these illegal constructions through repeated compounding orders, it was alleged.