Allahabad High Court: Orders Gulmohar Greens Demolition in Ghaziabad

• The Allahabad High Court ordered the demolition of specific illegal constructions at Gulmohar Greens Residential Society in Ghaziabad.
• The order includes the demolition of two full towers and the top two floors of four other towers within two months.
• An FIR has been directed against the promoter of Friends Land Developers, a partnership firm of SVP Builders India Limited, for various illegalities.
• The court found a former GDA Vice Chairman approved non-compoundable constructions despite knowing law violations.
• A disciplinary inquiry is ordered against the GDA officer, and the GDA must pay ₹50,000 each to 11 petitioners.

The court explicitly stated that officers of the Ghaziabad Development Authority were in collusion with the promoter, and their "slipshod approach" directly caused significant suffering and forced the petitioners and residents of the society into protracted litigation.

The Allahabad High Court has issued a definitive order for the demolition of illegally constructed towers within the Gulmohar Greens Residential Society in Ghaziabad. This significant ruling, stemming from the case of Suresh Chander and 10 others v State of UP and 2 Others, specifically targets tower numbers 27 and 28, as well as the 9th and 10th floors of towers 16, 17, 18, and 19. The court has stipulated a two-month timeframe for the completion of these demolitions. Towers 27 and 28 are described as five-story structures, each containing eight residential units.

Presiding over the matter, a bench comprising Justice Saral Srivastava and Justice Sudhanshu Chauhan, also directed the immediate registration of a First Information Report (FIR) against the promoter of the builder. This criminal proceeding is initiated to address numerous other illegalities connected to the construction project. The constructions were carried out by Friends Land Developers, identified as a partnership firm of SVP Builders India Limited, highlighting the involvement of a specific entity in the unauthorized development. This comprehensive order underscores the judiciary's stringent approach to illegal construction demolition orders.

Central to the Allahabad High Court's decision was the finding that the constructions at Gulmohar Greens were fundamentally non-compoundable, meaning they could not be regularized through fines or other administrative measures. The court uncovered a serious breach of duty involving the Ghaziabad Development Authority (GDA). Specifically, it was determined that a former Vice Chairman of the GDA had approved the compounding of these structures, despite possessing full knowledge that the promoter, Friends Land Developers, had violated legal provisions with impunity.

The bench explicitly stated that officers of the Ghaziabad Development Authority were in collusion with the promoter, and their "slipshod approach" directly caused significant suffering and forced the petitioners and residents of the society into protracted litigation. This judicial observation points to a systemic failure within the regulatory body, where oversight mechanisms were either bypassed or deliberately ignored, contributing to the illegal construction by SVP Builders India. The court's findings establish a clear case of Ghaziabad Development Authority liability in the matter.

In light of the GDA's demonstrated complicity and dereliction of duty, the Allahabad High Court has mandated a disciplinary inquiry against the implicated GDA officer. This inquiry is intended to thoroughly investigate the official's conduct in approving the non-compoundable constructions and his broader failure to enforce building regulations. Such action signals a firm commitment to holding regulatory personnel accountable for their roles in facilitating illegal development.

Furthermore, the court ordered the Ghaziabad Development Authority to provide financial restitution to the affected parties. A sum of ₹50,000 is to be paid to each of the 11 individuals who brought the case before the court. This compensation serves to acknowledge the considerable distress and legal expenses incurred by the petitioners due to the extensive illegalities at Gulmohar Greens. The ruling reinforces the principle that both developers and regulatory bodies bear significant responsibility for ensuring compliance with construction laws, with severe consequences for those who fail to adhere to them.

Lawyers advising real estate developers or purchasers in India, particularly in Uttar Pradesh, should note the Allahabad High Court's strict stance on illegal constructions, the potential for demolition orders, criminal proceedings against promoters, and disciplinary action against complicit regulatory officials. Compliance officers in real estate firms must ensure rigorous adherence to building codes and approvals to mitigate severe legal and financial risks.

Source: Original reporting via legal news outlet.