Allahabad HC Orders Demolition Of 2 Towers At Ghaziabad's Gulmohar Greens Society, Builder Fined ₹25 Lakh

Prayagraj: The Allahabad High Court has delivered a major verdict in the case involving illegal construction at Gulmohar Greens Society in Ghaziabad, directing the demolition of unauthorised structures and ordering action against the builder and officials accused of negligence.

The Court has directed the Ghaziabad Development Authority (GDA) to completely demolish illegal Towers 27 and 28 in the society. It has also ordered the demolition of the unauthorised ninth and tenth floors of Towers 16, 17, 18 and 19 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 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 administration have also been directed to provide security to the GDA during the demolition process.

Court Reprimands GDA Over Officials' Negligence

The Allahabad High Court criticised the GDA over the negligence of its officials, observing that residents had suffered because of their lapses. The authority has been directed to pay Rs 50,000 in costs to each petitioner.

The Court also ordered the registration of an FIR 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).

Declaring the third compounding completely illegal, the Court expressed strong displeasure over the absence of a Fire NOC and a completion certificate.

Builder Ordered To Refund 85 Buyers With 10% Interest

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 illegal sale of common areas within the society.

In a separate direction, the Court ordered the immediate suspension of investigating officer Surendra Singh. He had given the builder a clean chit in the 2018 FIR without conducting an investigation. The Court also ordered departmental proceedings against him.

The verdict was delivered by a division bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan.