Disposed

Arun Talwar and Another v. State of U.P. and 5 Others

Allahabad HC24 Jan 2023WRIC/37661/2022

Case brief

AI extract

What is this about?

This writ petition challenged notices directing petitioners to vacate a flat resulting from a promoter converting a community centre into housing. The Court granted protection until relocation, ordered the promoter to demolish illegal construction and restore the community centre, and directed the Authority to ensure compliance.

What did the court decide?

Petition disposed; possession not disturbed till 15.02.2023; promoter to demolish flats within 30 days and restore community centre; Authority to ensure compliance.

Arun Talwar and Another Vs State of U.P. and 5 Others — Property and Title | Allahabad HC (2023)

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Court No. - 21

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Case :- WRIT - C No. - 37661 of 2022

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Petitioner :- Arun Talwar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy,Arshi Abdy Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Raghav Dev Garg

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.

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The instant petition has been filed challenging the notices dated 1.12.2022 and 30.11.2022 issued by respondent no.5 i.e Senior Manager (Planning), Noida, Gautam Budh Nagar directing the petitioners to vacate Flat No.A-2/(G001) within three days so that it is restored to its original shape-Community Centre. The notices were issued by respondent no.5 as it had come to his notice that the Promoter had converted Community Centre into two flats, one of which was purchased by the petitioners and was in their possession. It seems that the Promoter thereafter got arranged another flat for the petitioners on a re-sale basis of one of the allottees in the same scheme. As the petitioners could not get possession of the alternate flat, therefore, by order dated 7.12.2022, we granted protection to them and required the Promoter to show cause as to why this Court should not direct for award of exemplary damages for having converted a Community Centre into flats and why F.I.R. should not be directed to be lodged against the Promoter.

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On 13.01.2023, the following order was passed:-

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"By order dated 7.12.2022, we issued notice to the Promoter (respondent no.6) requiring to show cause notice as to why this Court should not award exemplary damages against it for having converted a Community Centre into flats and thereafter selling it and also to show cause why this Court should not direct for lodging of F.I.R. against the Directors being prima facie a case of criminal breach of trust.

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During pendency of the writ petition, the Promoter, it seems, has provided alternative flats on basis of a sale by a third party and the petitioners will shift to the same by 14.02.2023.

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The Promoter, however, has not shown cause so far and Sri Anurag Khanna, learned Senior Counsel appearing on behalf of the Promoter seeks further time in this regard.

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Sri Kaushalendra Nath Singh, learned counsel appearing for

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the Noida Authority states that it had already suspended the occupancy certificate and will proceed to demolish the illegal constructions as soon as the petitioners vacate the same.

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As prayed by Sri Anurag Khanna, learned Senior Counsel, the matter is adjourned to enable him to show cause in pursuance of order dated 7.12.2022.

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List as fresh on 24.01.2023."

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On matter being taken up today, an affidavit has been filed on behalf of respondent no.6 and in paragraphs 6 and 7 thereof, it is stated as follows:-

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"6. That the Respondent no.6, in complete and utter misapprehension and inadvertence, had converted the previously constructed community centre into 2 flats, in lieu of the newly constructed and much bigger community centre.

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7. That the Answering Respondent hereby undertakes that the said 2 flats would be demolished within a period of 30 days from the date on which the Petitioner vacates the same, using their own resources and shall further restore the community centre therein, as was originally approved by the Authority, The Answering Respondent further tenders their unconditional apology for the infraction."

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Sri Anurag Khanna, learned Senior Counsel appearing on behalf of respondent no.6 states that the two flats will be demolished within 30 days from the date the petitioners vacate the flat in their possession. He further states that the Community Centre will be restored to its original form.

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Counsel for the petitioners points out that the petitioners have been assured possession of alternate flat by 14.02.2023 and therefore, they have filed an application for withdrawal of the writ petition.

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Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority states that the Noida Authority will ensure that the Promoter abides by the undertaking given by it to this Court.

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Having regard to the above facts, we dispose of the instant petition as follows:-

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(a) Possession of the petitioners with respect to the aforesaid flat will not be disturbed till 15.02.2023. They will vacate on or before the said date.

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(b) The promoter will, within 30 days, demolish the flats and restore the structure to its original shape.

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(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.1.2023 SL

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Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad

Arun Talwar and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Arun Talwar and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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