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GDA cannot issue Completion Certificate to Saya Gold Avenue, directs Allahabad HC

On 14th May 2019, the Hon'ble High Court directed the GDA not to issue the completion certificate to Saya Gold Avenue. This means Saya can’t give possession of flats until case verdict

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The Hon’ble Allahabad High Court has asked the Ghaziabad Development Authority (GDA) not to issue any Completion Certificate to the Saya Gold Avenue project, opposite Shipra Mall. The High Court gave the direction in a writ petition filed by Suntower Resident Welfare Association against GDA & Saya Builders/Shipra Builders. The RWA alleged the violation of FAR & construction on Green Park area as marked in the Sanctioned Plan of 2005.

The Suntower RWA raised the objection that the open green area and the green area between the G+12 tower cannot be illegally converted into a 37 storied Saya Gold building thereby completely taking away the open green area and permanently blocking the sunlight and airflow etc., besides affecting the view. It has been alleged that Shipra Builder sold its FAR to Saya. The later then covered entire land and built 8 towers, leaving no land for the green area behind their back without seeking the mandatory consent of their Association as per law.

Suntower RWA General Secretary told that due to this violation, the ground water level has been depleted by hundreds of feet, and air and sunlight for nearby Suntower Apartment have been badly affected. He further added that after the Hon’ble Supreme Court remanded the matter, the Allahabad High Court appointed a ‘3 member Court Commission’ in Nov 2017, but the opposite parties delayed the hearing. 

The Commission report also mentioned that Shipra Builder has not delivered various facilities like swimming pool & clubhouse etc of Suntower. Common area facilities were not provided by its builder (Shipra Estate Ltd) and GDA for the past 12 years.

The RWA lawyer S.K.Pal said this case attempts to stop the practice of GDA and other Development authorities in UP whereby the original map is altered after allotments have been made and a substantial amount of money is collected on the basis of brochures based on the original plan. Such additional construction after the original plan is sanctioned not only delays the project but also damage the confidence of the buyers which has resulted in the lack of buyer’s confidence in new projects in the past few years.

The laws like U.P. Apartment Act 2010 and the RERA prohibits any such alteration of the original plan after allotment without consent, but the development authorities take help of Govt. orders which are not applicable on Underdevelopment projects to eclipse the law and help private developers to earn windfall profit and delay the projects.

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