The Allahabad High Court's Lucknow bench has expressed concern over a single bench order that stayed the demolition of an illegal building in Khurram Nagar. The division bench has summoned the records to examine the urgency of the petition, which was filed under Article 226 rather than Article 227 of the Constitution. The matter stems from a 2016 public interest litigation, involving repeated violations of demolition orders by the builder. The next hearing is scheduled for later this month, with directives to the Lucknow Development Authority (LDA) to ensure accountability.Read more

The Allahabad High Court has ordered the Ghaziabad Development Authority and local officials to halt demolitions of unauthorised homes, offering interim relief to residents facing eviction. The directive follows a petition by Naresh Kumar and 18 others, who've lived on the land for over 40 years. The court emphasised the need for a rehabilitation plan, noting the petitioners belong to economically weaker sections. Authorities must now submit a detailed resettlement proposal before the next hearing. Demolition notices had been issued to 172 occupants, sparking legal challenges. The court also barred structural changes and third-party claims until further orders are issued.Read more

The Allahabad High Court has ruled in favour of Empire-E-Parks by ordering a complete waiver of interest, penalties, and other charges for the period during which the developer could not take possession of the allotted plot due to delays caused by the Greater Noida Authority. Despite paying over INR 17.6 crore towards premiums, lease rent, and stamp duty, the company faced encroachments and lack of infrastructure for years. The court held that once the state admits delay on its part, it cannot limit the zero-period benefit. This decision aligns with earlier rulings and is likely to influence several similar disputes across Noida and Greater Noida.Read more

The Allahabad High Court has asked the Noida Authority to explain why occupancy certificates (OCs) were issued for towers at Lotus Boulevard in Sector 100 despite incomplete sewage treatment systems. A petition by the Apartment Owners' Association revealed that only 1.5 out of 4 required sewage treatment plants (STPs) were built when OCs were granted in 2012 and 2016. The court has demanded a sworn affidavit detailing the required and existing STPs, who approved the OCs, and whether any fixes have been made. A senior Noida Authority official must also appear in the next hearing, which is scheduled for mid-July.Read more

The Allahabad High Court has allowed the registration of 220 flats in Noida's Grand Omaxe and Forest Spa projects after the developer offered to deposit an additional INR 25 crore with the Noida Authority. This payment is part of a broader settlement where the developer had already paid INR 93 crore. The ruling addresses a dispute that began in 2018 over denied sub-lease deeds due to unpaid dues, affecting 1,692 sanctioned flats. The court's decision, which follows the Uttar Pradesh government's December 2023 rehabilitation policy for stalled projects, clears hurdles for occupancy certificates and aims for finalization of home deliveries.Read more

The Allahabad High Court recently ruled against the Yamuna Expressway Industrial Development Authority's (YEIDA) demand for a INR 114 crore transfer fee from Gaursons Mega Projects Pvt Ltd. The court emphasized that such charges cannot be imposed without prior approval from the Uttar Pradesh government. This judgment pertains to a commercial plot in Noida Sector 129, originally leased to Jaypee Infratech Ltd in 2008 and subsequently sub-leased to Gaursons. YEIDA's 2017 memorandum, which introduced the transfer fee, lacked the necessary governmental sanction, rendering it unenforceable. The court's decision underscores the necessity for statutory backing in implementing such financial obligations.Read more

YEIDA has formed a committee to complete all pending Jaypee housing projects along the Yamuna Expressway, following a high court order. This decision brings hope to 4,600 homebuyers who have waited over a decade. The government will invite new developers within three months, and homes will be given at the original prices without extra charges. A nodal officer will manage payments and funds. The court set clear deadlines to finish the projects and declared a 'zero period' from 2020 to 2025, waiving interest and penalties. Buyers can also choose a refund if they no longer want possession of their homes.Read more

The Allahabad High Court has upheld YEIDA's decision to cancel Jaiprakash Associates Ltd.'s (JAL) 1,000-hectare land allotment due to payment defaults, affecting 4,600 homebuyers. The court ordered YEIDA to take over JAL's incomplete housing projects, setting a 36-month deadline for completion. A monitoring committee, including UP-RERA and homebuyer representatives, will oversee the process. The court declared a 'zero period' from February 2020, ensuring no penalties or interest. Homebuyers remain cautious, given JAL's insolvency proceedings, but the ruling offers a clear path for long-delayed project completion.Read more

The Allahabad High Court has ruled that state authorities cannot use private land for public projects without legal acquisition and compensation, warning that violators will face personal financial penalties. The case involved Kanyawati, a Bareilly resident, whose land was taken for a road widening project without due process. The court upheld her rights under Article 300A, directing the government to compensate her within four weeks. Similar cases have surfaced in Maharashtra, Tamil Nadu, and Andhra Pradesh, where landowners have challenged unauthorized government takeovers, highlighting the urgent need for strict enforcement of land acquisition laws.Read more

The Allahabad High Court has directed the Uttar Pradesh government and the Lucknow Development Authority (LDA) to either clarify the rights of all parties involved in the unauthorised construction case or present a demolition plan for the structure by the next hearing. The Lucknow bench observed that a building in Husainganj had been constructed well beyond the approved plan, holding landowners, developers, and LDA officials accountable for the violations. The court reviewed a report on Clay Square and surrounding buildings, discovering that approximately nine other structures had also breached regulations. Noting that Clay Square was constructed four times beyond the approved plan, the court decided to impose financial liability on the landowners and developers while taking action against negligent LDA officials.Read more

The Allahabad High Court has dismissed a petition seeking to reopen a sealed flat in Greater Noida's Mayfair Residency, citing unclear ownership claims. The court noted that the petitioner failed to provide proof of possession or registration and suggested the plea might have been filed on behalf of the builder, Supercity Developers. Authorities revealed that the developer owed INR 8.6 crore under RERA and was operating its office from the sealed flat. This ruling underscores the legal hurdles in delayed real estate projects and the importance of proper documentation for homebuyers.Read more

In a major relief for Meghdutam housing project residents in Sector 50, Noida, the Allahabad High Court has directed the Noida Authority to proceed with flat registrations, resolving years of delay. The interim order, issued on January 15, follows a petition by 19 residents who paid in full but lacked property documents. TGB Infra Developers, facing financial difficulties with dues of INR 43.7 crore, failed to clear 25% of recalculated dues. With a crucial hearing set for February 6, residents hope to finalize eligible homebuyer lists and expedite registrations under state policies prioritizing stalled projects.Read more

The Allahabad High Court rebuked the Lucknow Development Authority and Lucknow Municipal Corporation for delaying the demolition of illegal structures declared unlawful decades ago. The court demanded the principal secretary of housing and urban planning outline measures to address illegal constructions and prevent future violations. Highlighting urban planning as the state's primary responsibility, the court pointed out the need for proactive governance to ensure public welfare. It expressed dismay over the failure to enforce demolition orders issued in 2012 and warned of strict accountability. The case underscores the urgent need for effective urban regulation and adherence to developmental norms.Read more

The Allahabad High Court has quashed an Enforcement Case Information Report (ECIR) and two related FIRs against M3M India, marking the end of legal proceedings against the real estate firm. The FIRs, filed in 2023, alleged financial misconduct and undervaluation of property assets involving M3M India, Indiabulls Housing Finance, and other parties. However, the court ruled the allegations were commercial disputes, not criminal offences, and noted a lack of evidence and procedural delays. This decision offers relief to M3M India and highlights the importance of distinguishing civil disputes from criminal cases.Read more

PNT Reporter

The Lucknow Bench of the Allahabad High Court has set aside two orders by the Principal Secretary of Industry rejecting revision petitions from UG Infrastructure and Colourful Estate against YEIDA and Noida Authority's sub-lease cancellations. Justice Pankaj Bhatia directed the state government to re-evaluate the cases within six weeks, citing inconsistent decisions on similar matters. The court emphasised the need for consistent legal reasoning, following the removal of Anil Kumar Sagar, the Principal Secretary and YEIDA chairman. New officials have been assigned to handle appeals, potentially bringing clarity to builders and reshaping regional real estate development.Read more

PNT Reporter

The Allahabad High Court has issued a show-cause notice to the CEO of the Greater Noida Authority for failing to implement a 6% developed land allotment policy for farmers whose lands were acquired for projects. Justices Manoj Kumar Gupta and Anish Kumar Gupta questioned the non-compliance with a prior court order, leading to repeated petitions. The 2008 policy remains largely unimplemented, sparking ongoing farmer protests demanding 10% abadi plots. Despite promises of land surveys, delays persist. A new government committee will review the issue, with the court's next hearing expected to determine the future of land allotments.Read more

PNT Reporter

The Lucknow bench of the Allahabad High Court overturned the Noida Authority's rejection of a building plan application by two landowners, Kapil Misra and another villager, for a Sector 45 plot acquired through a 2011 exchange deed. The Authority cited non-compliance with 2010 Building Regulations requiring a lease deed, undeveloped land status, and concerns over revenue. However, the court deemed the rejection "illegal," affirming the deed of exchange as a valid transfer under property laws and Article 300A. The ruling mandates a fresh hearing, reinforcing property rights, equitable regulatory interpretation, and the judiciary's role in safeguarding individuals against administrative overreach.Read more

The Allahabad High Court recently ruled in favour of Experion Developers Pvt Ltd, permitting it to take possession of 4.8 acres in Sector 45 allotted over a year ago for a group housing project. Despite objections from neighbouring EWS colony residents who claimed the land should be reserved for civic amenities and access roads, the court confirmed the Noida Authority's right to allocate the plot. Notably, the Authority proposed to widen a nearby road to ease resident concerns. The court instructed the Authority to finalise the road expansion within two months and ensure uninterrupted construction for Experion.Read more

The Allahabad High Court has granted residents of Maharajganj village in Bahraich district, Uttar Pradesh, a 15-day period to respond to demolition notices issued by the Public Works Department (PWD) in the aftermath of recent communal violence. This interim order was made during a hearing of a petition that claimed the notices were illegal. The bench raised concerns regarding the lack of clarity in the notices about construction approvals and provided extra time for the chief standing counsel to collect necessary information.Read more

The Allahabad High Court has stayed the Noida Authority's denial of construction permits to Satya Homes Pvt Ltd and others, instructing the Authority to reconsider the applications following proper legal procedures. The court highlighted that blanket restrictions without valid justification were not permissible. A fresh site inspection is to be conducted in November, with a report due by mid-November, allowing affected parties to raise objections before the next hearing scheduled for December.Read more