Allahabad High Court Orders Demolition of Illegal Towers
The Allahabad High Court has ordered the demolition of two unauthorised towers at Gulmohar Greens Residential Society in Ghaziabad and the removal of illegal upper floors in four other towers.
PROPERTY PULSE
Allahabad: The Allahabad High Court has ordered the demolition of two illegally constructed towers at Gulmohar Greens Residential Society in Sahibabad, Ghaziabad, and the removal of unauthorised ninth and tenth floors in four other towers.
The directions form part of a series of measures against alleged violations of sanctioned building plans and irregular approvals granted by the Ghaziabad Development Authority (GDA).
A division bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan directed the complete demolition of Towers 27 and 28, each comprising five floors with eight flats on every floor. It also ordered the removal of the ninth and tenth floors of Towers 16, 17, 18 and 19, which were allegedly constructed beyond the approved plans.
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Common Areas Sold to 85 Buyers
The court also noted allegations that the builder sold areas earmarked for common use to 85 individuals. It directed the GDA Vice-Chairperson to constitute a three-member committee to identify these areas. Any structures raised on such land must be removed and the areas restored to the residential society.
The court directed the builder to refund the amounts paid by the 85 purchasers. The committee must assess their construction expenditure and determine the compensation payable, along with 10 per cent annual interest on the amounts paid, calculated from the respective dates of payment.
The Allahabad High Court also imposed costs of ₹25 lakh on the construction company, payable to the Gulmohar Greens Residents' Welfare Association within one month. In addition, the GDA has been directed to pay ₹50,000 to each petitioner who approached the court.
Building Violations:
- Two towers ordered to be demolished
- Unauthorised floors in four towers removed
- Demolition deadline fixed at two months
- Builder directed to refund 85 purchasers
- Construction company faces ₹25 lakh costs
- FIR and disciplinary proceedings ordered
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