Court No. - 39
Case :- WRIT - C No. - 15303 of 2021 Petitioner :- Mohinder Singh Dangi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and Ms. Ishita Sand holding brief of Ms. Anjali Upadhya learned counsel for the respondent no.2 and the learned Standing Counsel for the State- respondents.
The petitioners herein claim to be lessee of plots in the Group Housing Scheme known as Apartment of ATS Dolce, Sector Zeta-1, Greater NOIDA, Gautam Budh Nagar.
It is contended that the respondent no.3 has not complied with the mandate of Section 14 of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act' 2010 in forming association of the apartment and getting the same registered with the competent authority. In the said Act, in case of failure on the part of the builder, the competent authority is the Chief Executive Officer of Greater NOIDA Authority in view of Clause (c) of Rule 2(1) of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Rules' 2011.
An application dated 05.04.2021 had been given by the petitioners raising their grievances of non formation of the association of the apartment by the builders before the competent authority, but no action has been taken till date.
Prayer in the writ petition is to issue a direction to the respondent no.2 to do the needful, in accordance with law.
Looking to the innocuous prayer made in the writ petition, without entering into the merits of the case of the petitioners, we dispose of the present petition with the direction to the respondent no.2 namely the Chief Executive Officer, Greater NOIDA, Gautam Budh Nagar to take an appropriate action after providing due notice and opportunity to the respondent no.3, as expeditiously as possible, preferably within a period of two months from the date of receipt of copy of this order.
Order Date :- 29.7.2021 P Kesari