High court order on illegal constructions

The Allahabad high court directed the Noida authority on Monday to remove any unauthorised constructions on the ground floor of NPX commercial project of M/s Hi-Lead Infotech Pvt Ltd in Sector 153 of Noida and ensure that the stilt area (common area just below a building) on ground floor was not sold by builder to any new buyer.

The court also directed the builder to hand over possession of commercial units, built on first floor of the tower, to their respective buyers within eight weeks.

It has directed buyers to shift to the first floor of the commercial tower within 10 weeks.

The court has cautioned both the builder and the buyers not to put stilt area of the tower to any other use than parking.

The bench comprising chief justice DB Bhosale and justice Yashwant Varma passed the order while disposing of a petition filed by NPX Unit Owners’ Welfare Association.

It was alleged in the petition that the commercial project was first advertised in 2009 and many buyers purchased ground floor shops.

Later, a new brochure was prepared in which new floor plan was introduced showing shop numbers of the ground floor merged with the first floor.

After this change, all the ground floor shops were shown on the first floor in the new brochure.

Advocate Rohit Ranjan Agarwal, appearing for the petitioner, argued that the builder changed the original floor plan only to sell the ground floor shops to new buyers on higher prices.

However, the counsel for the builder informed the court that the stilt area will be used only for parking purposes.