A division bench of the Allahabad High Court, comprising chief justice DB Bhosle and justice Yashwant Verma, on April 20, 2017, ordered the sealing of more than 1,000 flats in the Supertech Czar residential project in Greater Noida, which were allegedly constructed without due approvals. The court passed the order, after the builder failed to comply with the direction to provide details regarding the number of flats, wherein, third party rights had already been created and those which had already been transferred to respective buyers.
The court directed the builder to file a detailed affidavit by the next date of hearing on May 2, 2017, containing all the details sought. The builder was also restrained from creating third party rights in any of the illegal flats, henceforth. “If third party rights have already been created, then the possession of the flats must not be transferred. In case of any buyer already being in possession of a flat, the same will be subject to the outcome of this petition,” the court ruled. The order was passed on a petition filed by flat buyers in the residential project, who had said that the builder had obtained clearance for construction of only 844 flats from the Greater Noida Authority but went on to construct a total of 1,904 flats. More than 1,000 of these flats have been constructed illegally, the petitioners have alleged and claimed that the real estate developer had applied for the sanction at a later stage, ‘to legalise its illegal sanctions’.
The court, while directing the Authority not to issue the completion certificate to the builder, also said that appropriate action should be taken against the real estate developer. Significantly, the court’s order came a day after the Yamuna Expressway Authority cancelled 17 projects of residential flats along the Yamuna Expressway.