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Orders Inspection of Ghaziabad's Gulmohar Greens Over
Court Appoints Commissioners to Verify Alleged Violations in Ghaziabad Housing Project
In a significant move to address allegations of illegal construction and of the , the has ordered a physical inspection of the Gulmohar Greens housing project in Ghaziabad. The bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan appointed two Advocate Commissioners to conduct a spot survey on , after flat owners challenged a that permitted additional 112 units without required consent.
The Dispute Over Gulmohar Greens
The case stems from a filed by flat owners of Gulmohar Greens, a multistoried group housing project located at Katori Mill, Mohan Nagar, Ghaziabad. The original envisaged 35 towers with 904 dwelling units, but only 34 towers were constructed. Over time, the builder obtained three compounding orders—in , , and most recently on . The third allowed 112 additional flats across towers 16 to 19 (32 units) and towers 27 and 28 (80 units).
The petitioners alleged that the builder started construction and handed over possession without obtaining a , in clear violation of . They further argued that the violated , which mandates obtaining consent from apartment owners before any additional construction.
Petitioners Allege Danger to
In a , the flat owners highlighted that construction on additional floors was being carried out while residents were already occupying the towers. “The construction in the aforesaid towers is undertaken while people are residing which is dangerous to their ,” the petitioners stated, attaching photographs as evidence. They claimed that two extra floors had been added in towers 16 to 19 and that the builder had failed to secure the mandatory from existing owners.
Respondents Dispute Facts; Court Opts for Verification
The respondents, including the builder and the , contested the allegations. To ascertain the correct factual position, the court asked the petitioners whether they were willing to bear the cost of appointing an . The builder’s counsel, led by , agreed to the survey and even offered to bear half the inspection cost.
Legal Analysis: Court Questions Authority’s Inaction
The High Court expressed strong displeasure over the GDA’s failure to enforce statutory requirements. It noted that despite the builder’s failure to obtain a , the authority had permitted further compounding maps. The court observed, “If the respondent no.2-authority had, in fact, raised objections regarding the issuance of the and an FIR had also been lodged against the builder, it requires explanation as to how possession could thereafter have been permitted to be handed over to the purchasers.”
The court also summoned the Vice Chairman of the GDA and the Principal Secretary of to explain why no effective action was taken against the builder despite notices being issued.
Key Observations from the Judgment
- “In the instant case it is undisputed that till date the builder-respondent No.3 has not yet obtained the , yet the possession of the flats have been delivered which is in fragrant violation of .”
- “This Court further fails to understand that when the respondent concerned had not adhered to the statutory requirement of obtaining a and the said fact was within the knowledge of the concerned authorities, how a fresh was subsequently sanctioned on and .”
- “The construction in the aforesaid towers is undertaken while people are residing which is dangerous to their .”
Court’s Decision and Next Steps
The court appointed and as Advocate Commissioners to inspect all towers and flats in the project. The commissioners are tasked with documenting the total number of towers, floors per tower, flats per floor, and the status of construction—finished or unfinished. Special attention will be paid to the top two floors of towers 16, 17, 18, and 19. The builder must provide copies of sale deeds and builder-buyer agreements, along with the sanctioned from .
The inspection will include videography and photography, with costs shared equally by the petitioners and the builder. The GDA and the , have been directed to provide security and all necessary assistance. The Advocate Commissioners must submit their joint survey report by , and the matter is next listed for .
This order underscores the court’s commitment to ensuring compliance with real estate laws and protecting the rights of homebuyers against by builders.
