Noida Authority and Developers defy Apartment Act and High Court directions, accepts Builder/Flat Buyer Agreement as consent for layout plan change
Time and again Noida Authority have proved that they would allow open loot by Noida Developers and will close their eyes to homebuyers grievances. Hon’ble Allahabad High Court in various cases have asked Noida Authority to stop rampant abuse of FAR and layout plan changes by city developers. However, it appears the authority doesn’t even take the court seriously.
Developers and Noida Authority are innovating new ways to get the layout plan changes approved. It’s known that the Public Notices in newspapers inviting objections to layout plan changes from homebuyers are a mere eyewash. We explained it earlier how the entire exercise of inviting objections is flawed. You can read about that here: Flawed layout plan change process, violation of HC guidelines. The bigger question is, what encourages them to defy the Hon’ble High Court’s direction and disregard the U.P. Apartment Act 2010?
As per the Uttar Pradesh Apartment Act 2010 and various judgements from Hon’ble High Court, developers in Uttar Pradesh are mandated to take consent of existing buyers for every layout plan change. It should be noted that the written consent of homebuyer should be taken after explaining him about the changes. Once this exercise is done, the developer needs to submit the approvals taken from homebuyer to the Authorities for approval of changes. Authority can only permit such changes only after developer takes permission from the 2/3rd majority.
However, the developers along with Authorities have innovated a new fraudulent way and are defying the state law and judgements passed by Hon’ble Hight Court of Allahabad. Instead of taking consents from the homebuyers, developers are presenting the Builder Buyer Agreement (BBA) a.k.a Flat Buyer Agreement as a blanket consent for all possible changes he wishes to make.
M/s XYZ Company have presented the agreement signed between the allottees at the time of booking / allotment and have presented the clause of layout/floor plan approval as consent for changes.
Attached is a notice by Noida Authority:
What is wrong with it and why should you worry?
Noida Authority is allowing developers to purchase additional FAR in the name of Metro FAR and Developing Sector FAR. We explained the issue here: Noida’s under construction project may soon have 45% more apartments.
If this dangerous precedence of accepting BBA as consent is set, developers would be able to make layout plan changes at their whims and fancies. They would never have to seek the permission of the existing residents/homebuyers and can present the BBA as approval from residents. Imagine if the developer comes up with a fancy new tower in place of that open park outside your balcony? Well, if you don’t act, he surely will do that.
What’s worrying is that despite many directions from Allahabad High Court, the Authority continues to help these developers in their innovation; Instead of raising objections to these wrongdoings, they appear to be supporting them.
What can homebuyers do about it?
We are of the opinion that whenever such notices are published at Noida Authority’s website or newspapers, homebuyers must raise an objection. If this is allowed to happen, developers would continue encroaching upon your open areas and build more and more.
One of the home buyers association have filed a contempt case against Greater Noida Authority and it is currently sub-juice. Read more at: Homebuyers steps in to take Noida-Greater Authorities to task for endorsing layout plan violations