Green View Heights Apartment ... vs State Of U.P. And 3 Others
2022 Latest Caselaw 9034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 16001 of 2022
 

 
Petitioner :- Green View Heights Apartment Owners Association
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shikhar Tandon,Avneesh Tripathi
 
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Satendra Tirpathi
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

The instant writ petition has been filed praying for a mandamus commanding respondents no. 2 and 3 to decide the grievance of the petitioner's society as contained in its complaint dated 18.01.2020 in the light of the order passed in Shipra Sristhi Apartment vs. State of U.P. and 2 others (Writ Petition No. 13298 of 2020).

The judgment of this Court dated 5.1.2021 in Shipra Sristhi Apartment (supra) directs the competent authority under U.P. Apartment Act, 2010 and U.P. Industrial Area Development Act, 1976, or any other cognate enactment to decide the grievance of the home-buyers or their associations, positively within three months from the date the grievance is brought to their knowledge, by a reasoned and speaking order, under intimation to the aggrieved persons.

The petitioner is registered association of the apartment owners of a multi-storied building complex, developed by respondent no. 4. The petitioner association has filed the above complaint before respondent no. 2, praying that the interest-free maintenance security amount be directed to be transferred to the petitioner association in terms of the second proviso to sub-section (5) of Section 14 of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010.

The second proviso to sub-section (5) of Section 14 stipulates that the amount collected by the promoter towards interest-free maintenance security shall be transferred to the association at the time of handing over the common areas and facilities. It is submitted that the common areas and facilities were handed over to the petitioner association on 1.9.2018.

The submission of learned counsel for the petitioner is that respondent no.2 has duly taken cognizance of the complaint and also fixed dates for hearing but the proceedings have not been concluded so far.

Learned counsel appearing on behalf of respondents no. 2 and 3 very fairly states that the proceedings will be concluded expeditiously.

Accordingly, we dispose of the instant petition with direction to the competent authority to decide the representation/complaint of the petitioner society dated 18.01.2020 by means of a speaking order within twelve weeks from the date of receipt of true attested copy of the instant order, after due notice and opportunity of hearing to the petitioner as well as to respondent no. 4.

Order Date :- 3.8.2022

Kirti

(Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)