Allahabad High Court Questions Legality Of Notice Process In Modified Township Plan, Seeks Affidavit From CEO NOIDA

Recently, the Allahabad High Court has called for the personal affidavit of the Chief Executive Officer of the New Okhla Development Authority for determining the area of circulation of newspapers 'Business Standard' and 'Mahamedha' through which objections were invited on the modified township plan map.

Petitioner, Association of Apartment Owners of Pavilion Court and Pavilion Height Apartments, approached the High Court against alleged illegal revision made in the sanctioned layout plan dated 23.03.2011 in gross violation of Section 5(3)(a) of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. They also pleaded that there was no action on part of the authorities against illegal construction.

It was stated that the layout plan for the project “Wish Town, Jaypee Greens” was sanctioned on 23.03.2011, after grant of partial completion certificate, around 7500 residents have moved in. It was pleaded that in the designated area for the sports field, a hospital and nursing home were being constructed. It was pleaded that the same was being done in gross violation of their fundamental rights as no consent was taken from the flat owners before changing the master plan.

When the original records where placed before the Court, the bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed

“From the perusal of the original records it clearly transpires that fresh amended township plan in the year 2015 was submitted by the respondent No.- 3 for necessary approval of revenue authority which also included modification in the original sports field area which was part of the sanctioned map earlier by the authority. The documents relating to the proceedings reveal that notices were directed to be issued to the apartment owners to invite their objections within 30 days and consequently notices were issued, however, notices were published in one English newspaper namely 'Business Standard' and other one 'Mahamedha'.”

Directing for the original newspaper and affidavit of CEO, NOIDA be brought on record, the Court also directed the counsel for the authority to again produce original records regarding the proceedings that resulted in modifying the original township plan map to determine the timeline prescribed for completing the project after modification of the township plan.

Advocates Abhinav Gaur and Vibhu Rai appear for Association Of Apartment Owners Of Pavilion Court And Pavilion Height Apartments

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