Gulmohar Greens Crackdown: Allahabad HC Orders Demolition of Illegal Towers, Slaps Fine on Builder
Allahabad High Court orders demolition of illegal towers at Gulmohar Greens, imposes a Rs 25 lakh penalty on the builder, and orders an FIR for fraud.
In a landmark judgment aimed at curbing unauthorized urban construction, the Allahabad High Court has ordered the complete demolition of illegal structures at the Gulmohar Greens Society in Ghaziabad. The court took a stern view of the blatant violations of building norms and the negligence of local authorities, ensuring that the builder faces severe financial and legal consequences for the illegal construction at Gulmohar Greens.
Towers to Come Down: Demolition Orders
The division bench, consisting of Justice Saral Srivastava and Justice Sudhanshu Chauhan, has issued clear directives to the Ghaziabad Development Authority (GDA) to execute the following demolitions within a two-month window:
- Complete Demolition: Towers 27 and 28, which were found to be entirely illegal, must be razed to the ground.
- Partial Demolition: The ninth and tenth floors of Towers 16, 17, 18, and 19, which were constructed illegally, must be removed.
To ensure the process is not hindered, the court has instructed the local administration and police to provide the necessary security to the GDA during the demolition drive.
Heavy Penalties and Financial Restitution
The court did not stop at demolition orders, imposing significant financial burdens on the promoter to compensate for the fraud and hardship caused to the residents:
- Penalty for Residents: A penalty of Rs 25 lakh has been imposed on the builder, which must be deposited into the account of the Gulmohar Greens Residents' Welfare Association (GGRWA) within one month.
- Recovery of Costs: The entire expenditure incurred for the demolition process will be recovered from the promoter as arrears of land revenue.
- Refunds to Buyers: The builder is mandated to refund money to 85 buyers, along with an additional 10% interest.
Criminal Action and Official Negligence
The court expressed deep concern over the lack of a completion certificate and the absence of a Fire NOC, highlighting the safety risks posed to the residents. Furthermore, the court took a strict view of the illegal sale of common areas.
FIR and High-Level Investigation
The court has ordered the registration of an FIR against the promoter within two weeks, citing fraud and violations of the UP Apartment Act. To ensure a fair and thorough probe, the investigation will be led by an officer of the rank of Additional Commissioner of Police (Additional CP).
Accountability for Officials
The GDA faced a severe reprimand from the bench for the negligence of its officials, which the court noted had caused significant suffering to the residents. As a result, the GDA has been ordered to pay Rs 50,000 in costs to each petitioner.
In a move to purge corruption from the investigation process, the court ordered the immediate suspension of investigating officer Surendra Singh. Singh had previously given the builder a "clean chit" in a 2018 FIR without conducting a proper investigation. Departmental proceedings have now been initiated against him.
Illegal Compounding Rejected
Addressing the legal maneuvers used by the promoter, the court declared the "third compounding" of the violations to be completely illegal, stripping away any legal cover the builder may have attempted to claim for the unauthorized structures.