The Allahabad High Court has directed the demolition of illegally constructed residential towers and additional floors at Gulmohar Greens Society in Ghaziabad, taking a strict view of violations of building regulations and alleged negligence by the Ghaziabad Development Authority (GDA). The court has also imposed a financial penalty on the builder, ordered refunds to affected homebuyers and directed criminal proceedings against the promoter over alleged fraud and violations of the Uttar Pradesh Apartment Act.
In its order, the court directed the complete demolition of Towers 27 and 28 of Gulmohar Greens Society, which were found to have been constructed illegally. It also ordered the demolition of the ninth and tenth floors of Towers 16, 17, 18 and 19. The demolition of these additional floors must be completed within two months.
The court imposed a penalty of Rs 25 lakh on the builder, directing that the amount be deposited into the account of the Gulmohar Greens Residents’ Welfare Association (GGRWA) within one month. It further ordered that the entire cost of demolition be recovered from the promoter as arrears of land revenue.
The police and local administration have been directed to provide necessary security to the GDA during the demolition process to ensure that the court’s directions are implemented.
GDA Held Accountable for Regulatory Negligence
The division bench expressed strong displeasure over the negligence of GDA officials, observing that residents had suffered because of the authority’s failure to address the violations. The court directed the GDA to pay Rs 50,000 as costs to each petitioner in the case.
The order also requires an FIR to be registered against the promoter within two weeks over allegations of fraud and violations of the UP Apartment Act. The investigation will be conducted by an officer of the rank of Additional Commissioner of Police (Additional CP).
The court also declared the third compounding of the violations completely illegal. Compounding refers to the process through which certain unauthorised construction violations may be regularised by the competent authority, subject to applicable legal provisions. By declaring the third compounding illegal, the court rejected the basis on which the builder had sought to regularise the disputed construction.
Fire Safety and Completion Certificate Violations
The absence of a Fire No Objection Certificate (Fire NOC) and a completion certificate also came under scrutiny during the proceedings. The court expressed strong displeasure over these lapses, which concern essential regulatory and safety requirements for residential buildings.
Taking further action over the handling of an earlier complaint, the court ordered the immediate suspension of investigating officer Surendra Singh. He had reportedly given the builder a clean chit in a 2018 FIR without conducting a proper investigation. The court also directed that departmental proceedings be initiated against him.
Refunds Ordered for 85 Homebuyers
Providing relief to affected purchasers, the court directed the builder to refund the money paid by 85 buyers, along with 10% interest. It also took a strict view of the alleged illegal sale of common areas within the residential complex.
The directions address multiple aspects of the dispute, including unauthorised construction, regulatory approvals, fire safety compliance, financial compensation and accountability of officials responsible for enforcement.
The order was passed by a division bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan.
The ruling has significant implications for the residents of Gulmohar Greens Society, particularly those affected by the disputed construction and alleged irregularities. It also reinforces the responsibility of development authorities to monitor building approvals, enforce construction regulations and ensure that residential projects comply with statutory requirements.
