Real estate news on HC stays construction in Sunworld's Vanalika project in Noida

Regulations/ Legal aspects
Posted on Sep 07, 2016
ALLAHABAD: The Allahabad high court on Tuesday ordered a stay on any further construction in the Sunworld Vanalika Housing Project in Sector 107, Noida, and directed the developer as well as Noida authorities to file their replies (counter-affidavits) within four weeks.

The court also directed the developer to neither sell any flat which has been constructed without the Authority's approval, nor transfer possession to any buyer. The developer has also been directed to publish a notice in local newspapers that they have no right to sell unapproved flats in the project's towers.

Hearing a petition filed by Dinup G Mathew, an allottee of a flat in the housing project, a division bench comprising Chief Justice Dilip Badasaheb Bhosale and Justice Yashwant Varma fixed September 29 as the next date of hearing.

Counsel for the petitioner argued that in six different towers, a total of seven extra floors have been built without approval from Noida authorities, and that the builder was selling these flats hiding the fact from the buyers. It has been alleged in the petition that 138 unapproved flats have already been constructed by the builder, that almost 32% of the total construction raised is illegal, and that it has been done without any approval from Noida authorities.

During the course of the hearing, counsel for Noida informed the court that it has the power to impose a fine on the builder for such illegal constructions.

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