Prayagraj (Uttar Pradesh) [India], October 28 : The Allahabad High Court has delivered a major verdict in the case concerning illegal construction at Gulmohar Greens Society in Ghaziabad. The Court has directed the Ghaziabad Development Authority (GDA) to completely demolish illegal Towers 27 and 28 of the society.
The Court has also ordered the demolition of the illegally constructed ninth and tenth floors of Towers 16, 17, 18 and 19 within two months.
The Court has imposed a penalty of Rs 25 lakh on the builder. The amount must be deposited into the account of the Residents' Welfare Association (GGRWA) within one month.
The entire cost of demolition will be recovered from the promoter as arrears of land revenue. The police and administration have been directed to provide security to the GDA.
The Court reprimanded the GDA for the negligence of its officials, observing that residents had suffered due to their negligence. The GDA has been directed to pay Rs 50,000 in costs to each petitioner.
The Court has directed that an FIR be registered against the promoter within two weeks over allegations of fraud and violation of the UP Apartment Act. The entire matter will be investigated by an officer of the rank of Additional Commissioner of Police (Additional CP).
The Court declared the third compounding completely illegal. It also expressed strong displeasure over the absence of a Fire NOC and a completion certificate.
The Court ordered the immediate suspension of investigating officer Surendra Singh, who had given the builder a clean chit in the 2018 FIR without conducting an investigation. Departmental proceedings have also been ordered against him.
The builder will refund the money to 85 buyers along with 10% interest. The Court also took a strict view of the illegal sale of common areas.
The order was passed by a division bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan.