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.