Ajnara Integrity Apartment Owner ... vs State Of U P And 3 Others
2022 Latest Caselaw 6659 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 16826 of 2022
 

 
Petitioner :- Ajnara Integrity Apartment Owner Association
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Kunal Ravi Singh,Rahul Singh Dahiya
 
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Rohan Gupta
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Chandra Kumar Rai,J.

The instant writ petition has been filed praying for a mandamus directing Ghaziabad Development Authority, Ghaziabad (respondent no. 2 herein) to decide the representation sent by e-mail on 17.4.2022 and 14.4.2022 in light of the order passed in Writ Petition No. 13298 of 2020 (Shipra Sristhi Apartment vs. State of U.P. and 2 others).

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. 3. The petitioner association has filed the above representation 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 14.11.2021 and a written memo was executed in this behalf, wherein, respondent no. 3 also agreed to transfer interest-free maintenance security amount to the petitioner association by 30.11.2021, but it has not been transferred so far.

Learned counsel appearing on behalf of respondent no. 2 states that the representation will be decided within two months.

Accordingly, the writ petition is disposed of with direction to respondent no. 2 to decide the representation of the petitioner by means of a speaking order, after due notice and opportunity of hearing to the petitioner and respondent no. 3 and 4.

(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)

Order Date :- 13.7.2022

Jaideep/-