Homebuyers steps in to take Noida-Greater Authorities to task for endorsing layout plan violations

No one else would have broken as many dreams as Noida and Greater Noida Authorities in last six years. A beautiful Delhi’s suburbs is being converted in a concrete jungle and the Jungle Raaz is already prevalent. Despite so many issues and complaint against the developers in the region, they are still going scot free and are least bothered about the homebuyers. Authority seems to have closed their eyes to buyer’s grievances and with each passing day, it appears that they are “For the Developers, By the Developers” office. When the law is catching up to the misdeeds of officials and developers, entire system seems to be busy in covering up the wrongdoings with complete disregard to the homebuyer’s grievances.

One of the most serious issues that Authority have failed to address is layout plan changes. In fact, it is being seen as endorsing the developer misdeeds in these cases. A project with 30 towers of 18 floors each is changed to 45 towers of 25 floors each in the middle of construction and the authority is happy to approve it by sidelining all the procedures laid down by Hon’ble Allahabad High Court. It’s not just a layout plan change, such plan changes are putting thousands of home buyers at risk. Read more about it here: Is your dream home part of an illegal layout plan change?

Tired of Authority’s attitude towards the objection filed by homebuyers and a flawed approach adopted by Noida and Greater Noida Authorities, NEFOWA-Noida Extension Flat Owners Welfare Association with the registered name of New Era Flat Owners Welfare Association filed a Contempt Application in Allahabad HC. The homebuyers group seeks trial of authority official for not following the procedures laid down by the Hon’ble Court in Writ Petition No.33826 of 2012 (Designarch Infrastructure Pvt. Ltd. v Vice Chairman, Ghaziabad Development Authority & Ors.) (“Judgment order dated 14.11.2013”). The Authorities were directed to take permission of the homebuyers before changing the layout plan, however, they adopted a totally different approach. Here are more details about the guidelines of Hon’ble HC and process followed by authorities: Flawed layout plan change process, violation of HC guidelines by Authorities

Association’s allegation in Contempt Application

  • On April 20, 2015 when the Authorities in blatant violation of the directions of this Hon’ble Court in its judgment dated November 14, 2013, passed in a batch of writ petitions, including Civil Misc. Writ Petition No.33826 of 2012 (Designarch Infrastructure Pvt. Ltd. v Vice Chairman, Ghaziabad Development Authority & Ors), issued a public notice dated April 20, 2015, seeking objections from the apartment owners pursuant to the purchase of additional FAR by the promoter and consequent alteration in the approved plan.
  • By means of the instant Contempt Application, the association seeks to bring to the kind notice of this Hon’ble Court, the deliberate and willful violation of this Hon’ble Court’s directions in the judgment/order dated 14.11.2013 by the authorities.
  • This Hon’ble Court may graciously be pleased to allow this application and summon the authority’s official(s) and punish him under the Contempt of Courts Act, 1971 for deliberately and willfully violating the directions of this Hon’ble Court in its judgment passed in the case of Designarch Infrastructure Pvt. Ltd. v Vice Chairman, Ghaziabad Development Authority & Ors.
  • Association also highlights the Court’s laid down procedures for layout plan changes and how it is being flawed by the authorities. Same has already been documented here: Flawed layout plan change process, violation of HC guidelines by Authorities

Proceedings so far in Contempt Application (civil) No. – 7475 of 2015

Hon’ble Courts Observations on 16.12.2015

  • From a perusal of the petition, a prima facie case is made out that order dated 14th November 2013 passed by this Court in Writ Petition No.33826 of 2012 has been violated.
  • One more opportunity is granted to the authorities to comply with the order within a month.
  • If by the next date fixed, the directions of the Writ Court are not complied with, and an affidavit to that effect is not filed, the authorities shall remain present before this Court.

We will keep this section updated with the proceeding of the case.

8 thoughts on “Homebuyers steps in to take Noida-Greater Authorities to task for endorsing layout plan violations

  • December 18, 2015 at 12:59 pm
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    YOU HAVE RIGHTLY SAID THAT NOIDA AUTHORITY IS “For the Developers, By the Developers” office, MOST OF THE EMPLOYEES ARE HAND IN GLOVE WITH THE BUILDER MAFIA.

  • December 22, 2015 at 8:54 am
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    I wish that logicalbuyer shall study their writ petition in depth , you will find It is going to help builder more .
    what they are claiming in Writ against authority

    1-That authority did not followed right path .
    2-Their force is just on majority of buyers consent .
    3- They did not mentioned the nexus of builder n authority .
    4- They nowhere mentioned that increasing FAR will not benefit the original allotees

    So this writ is of no use and not going to help any buyer . Instead Builder will get benefited from this writ .
    It seems that this writ is another nexus among authority builder n NEFOWA to legalize the FAR increase .

    If you see the history of NEFOWA , you will find that they are guiding buyers to give FAR consent to the builder .
    Simply talk to supertech buyers , they will tell that NEFOWA(Abhishek n SUmit) are inspiring buyers to do compromise with builder on FAR issue ..

    So It is the irony that they filed FAR case for the benefit of the buyers .

  • December 23, 2015 at 11:44 am
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    >>>> 3- They did not mentioned the nexus of builder n authority .
    4- They nowhere mentioned that increasing FAR will not benefit the original allotees <<<

    It is contempt petition and all these things are already in original petition.

    How come It is the irony that they filed FAR case for the benefit of the buyers ? and irony for whom?

  • December 23, 2015 at 12:32 pm
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    Hitendra – In your zeal to criticise someone, you did major blunders. For a moment , even if I assume they didn’t do the right thing and you being the legal hawk, could you please let us know what did you do other than writing here ???

    Now coming to your points

    1. Do you think Authority followed right path ans should not be complained ????
    2. The force is because it is in accordance with UP Apttt Act. NEFOWA is not UP Assembly or Parliament of India that they will enact new law, so force has to be on existing law and its non violation
    3. So by this complain , did they actually wrote about bonhomie between Builder and Authority and not nexus. I think if you were the complainant, you would have complained as “There is nexus between builder and Authority please act”, wow super. what a legal prospect of winning
    4. Increasing FAR never benefits original, if you dont even know this may God help you. It is just like saying someone complained about theft in home but did not write theft will not benefit the homeowner

    Mr Hitendra or whatever is your name, keep your intentions at yourself. It is clearly looking that who wants to break buyer unity when someone is taking the charge forward.

  • December 23, 2015 at 5:07 pm
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    Mr. hitendra (if this is your original name), you have already gone into depth. what else you are expecting more from logical buyer to propagandized your mindset for nothing. I am seeing other side of this post as well that you have written to demoralize an effort of someone, better you should have come with some action that I have taken this legal step to stop harassment of buyers if you think step taken by NEFOWA is not enough but this is not your objective to write this post Mr.

  • December 24, 2015 at 8:58 am
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    Writ should take following points also

    1-Nexus of builders n authority to legalize the FAR .. It is not only procedural lapses rather it is a scam done by both builder n authority .

    2-It should include the point that “To increase the FAR not only consent of majority of buyers is needed but also onus should be on builder to prove that it will benefit buyers ”

    3- In present scenario builders are forcing buyers to give FAR consent by threat , by showing some benfits to buyers etc .
    So ultimately builder will get consent from majority of buyers …..

    4- But our force should be “How increase FAR will benefit original buyers?” …. I think this point must be included in writ

    and for NEFOWA everybody today know what they have done with GAUR buyers? ,, what they have done with supertech buyers ?what they are doing with Amarapali and Earth buyers ?

    100 chuhe khakar billi hazz ko chali … but ye to haz ko bi nai ja rahe hai ..

  • December 24, 2015 at 9:08 am
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    Do you understand the difference between a WRIT and a contempt application?

    A contempt application, which is already admitted is the right step for immediate remedies. A fresh application to discuss all points can always be taken separately. And why blame others, anyone can file the same, even you can do that.

    Let those who are working work and if we don’t like their ways, we should make our own ways.

  • December 24, 2015 at 4:57 pm
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    No dear I understand the difference …
    In designarch judgement on which this contempt had been filed clearly say that “far can be increased if it is benefiting buyers ”

    But they had contested this point .
    Hope it clarified your doubt .

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