HC orders to seal over 1000 illegal flats in Greater Noida
ALLAHABAD: The Allahabad high court on Thursday directed to seal illegally constructed flats in ‘Supertech Czar Suites’ project on plot no. GH-2, Sector- Omnicon 1 of Greater Noida. As per the petitioner, there are around 1904 flats in project of which only 844 flats are legal as per original sanction granted by the Greater Noida Authority.
The court passed the order when builder failed to provide complete details regarding number of flats including those already transferred to buyers. The court has asked the builder to file an affidavit containing all details in respect of ownership and possession of flats by the next date of hearing on May 2.
Earlier, the court had ruled that the builder will not create third party rights in any illegally constructed flat. Further, if any third party rights had already been created, possession of flats would not be transferred by the builder. In case, any buyer is already in possession of the flat, it will be subject to the outcome of the writ petition.
On an earlier date, the court had also directed the Greater Noida Authority to not issue completion certificate to the builder. Further, the authority was directed to take appropriate action against the builder.
The bench comprising chief justice DB Bhosale and justice Yashwant Varma passed the above order while hearing a petition filed by VK Sharma and eight others who had invested in the project. In the petition, it was alleged that petitioners were the buyers of flats in the above-mentioned project. As per the original sanction given by the Greater Noida authorities in 2007, the builder was permitted to construct 844 flats in the project. However, the builder applied for revised sanction and in violation of laws constructed 1904 flats. The petitioners requested the court to seize all illegally constructed flats and stop the builder from selling them to public.