In a major relief to homebuyers, the Allahabad high court on Monday set aside the Noida authority’s 201st board meeting order banning the approval of building map revisions and also registry of the apartments at the Sports City in Sector 150, located along the Noida-Greater Noida Expressway.
The move comes after realty firm Ace Infracity Developers Private Limited filed a petition before the Allahabad high court on April 2022 seeking to set aside the Noida authority’s January 18, 2021, decision blocking registries and building map revisions.
At least 10,000 homebuyers will get immediate relief as they will be able to execute registries of their homes once the authority implements the court order.
“We have been waiting for long that the Noida authority lifts the ban on registries and issue completion certificates to ready buildings,” said Ayush Chauhan, a homebuyer
Apart from Ace Infracity, 11 other developers have also filed writs in the high court seeking the same relief because due to the authority’s ban on sale/purchase and revision in building maps, not only the apartment buyers but also realtors were facing difficulties in completing their realty projects. The court is yet to decide on the other writs.
Ace Infracity filed the writ after the Noida authority on March 29, 2023, asked the realty firm to pay ₹79 crore in land cost dues, despite already banning building map revision and also not handing over possession of the total allotted land for the Sports City project, affecting the work at the site.
Ace told court that In March 2023, it paid ₹134.37 crore against the premium land price of ₹116.40 crore. Ace also told the court that approval for revised building plans has been put on hold by Noida authority and at the same time, it has issued the impugned demand notice for land cost dues.
“We are of the view that the petitioner company was not able to complete the work on account of non handing of possession of the entire area, agitation and hindrances carved by the farmers on the spot and later on due to restraint order in 201st board meeting. Thus, the petitioner is entitled for grant of benefit of “zero period” from the date of allotment till today,” said order delivered by the double bench of justice Ashutosh Srivastava and justice Pritinker Diwaker. The order was delivered on November 9, 2023, and made public on Monday.
The order further said, “Consequently, writ petition is allowed. The demand notice dated 29.3.2023 placing demand for additional compensation, instalment of lease premium and annual lease rent is set aside. Respondents (Noida authority) are directed not to realize the lease premium amount as well as the lease rent from the petitioner for the period between 19.12.2014 to till date and also adjust the due interest amount of the said period. Respondent authority is also directed to consider the revised building plan regarding Plot No. SC-02/G, Sector 150, Noida having an area of 60,000.54 square metres in accordance with law.”
The petitioner Ace Group owns 60,000.54 square metres of land, of a total 12,00,000 square metres in Sports City, a group housing project in Sector 150. The consortium of developers led by Lotus Greens Constructions Private Limited are developing ultra luxury housing projects on 30% land and 70% has been reserved for recreational greens with world-class sports facilities.
Besides Lotus Greens, developers such as Tata, Godrej, ACE, Prestige Group, Home Kraft and Eldeco, among others, are developing realty projects in Sports City, said officials.
However, the Noida authority is yet to hand over the possession of at least 3,00,000 square metres of land on account of farmer disputes, prompting realtors to approach the Allahabad high court.
“We will decide on this issue for future course of action once we get the high court order copy,” said Lokesh M, chief executive officer, Noida authority.
