Allahabad High Court Orders Demolition of Illegal Ghaziabad Residential Towers
Court mandates demolition of two towers and unauthorized floors due to severe regulatory violations.
1Court Mandates Immediate Demolition
The Allahabad High Court has ordered the demolition of two towers, numbered 27 and 28, at the Gulmohar Greens society in Ghaziabad. Authorities have been given a two-month deadline to execute the razing. Additionally, the court ordered the removal of unauthorized ninth and tenth floors added to towers 16 through 19.
2Criminal Charges Against Promoter
A two-judge bench directed the registration of a First Information Report against the project promoter for multiple illegalities. The court set aside a December 18, 2024, compounding approval that had previously regularized these violations. The promoter faces charges related to fraud, misrepresentation, and breaches of the Uttar Pradesh Apartment Act of 2010.
3Evidence of Official Collusion
Justices Sudhanshu Chauhan and Saral Srivastava identified clear collusion between Ghaziabad Development Authority officials and the promoter. The court noted that officials allowed project deviations to be regularized despite clear violations. Consequently, the court ordered a disciplinary inquiry against the former GDA vice-chairperson for dereliction of duty regarding this specific housing project.
4Financial Penalties and Restitution
The court imposed a fine of 25 lakh rupees on the promoter, payable to the Gulmohar Greens Residents Welfare Association. Furthermore, the builder must refund the sale price of common areas to residents of 85 ground-floor apartments, including construction costs and 10 percent interest. Eleven petitioners will also receive 50,000 rupees each.
5Project History and Land Disputes
Initiated in 2006 by SVP Builders and Friends Land Developers, the project originally planned 34 towers with eight storeys each. However, the development faced early complications when the Air Force objected to the use of 4,560 square metres of land. The GDA cancelled the map approval in 2010, yet construction continued regardless.
6Unauthorized Layout Modifications
Residents alleged that the developer modified the original layout without obtaining necessary consent. These changes included adding 112 units to the project and encroaching upon common areas to build machine and generator rooms. By the time the GDA cancelled the map in 2010, 720 of the proposed 904 units were already constructed.
7Impact on Current Residents
The demolition order affects at least 80 vacant flats located within the two condemned towers. Residents who initiated the litigation faced significant financial burdens due to the developer's actions and the authority's negligence. The court's decision aims to provide relief to these homeowners who suffered from the promoter's unauthorized construction and layout changes.
8Judicial Oversight in Urban Planning
This ruling highlights the critical role of judicial intervention in curbing systemic corruption within urban development authorities. By holding both the promoter and the GDA accountable, the court establishes a precedent for enforcing the Uttar Pradesh Apartment Act. This case serves as a stern warning against unauthorized construction and administrative negligence in India.