Hawelia Valencia Home Apartment Owners Association vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Hawelia Valencia Home Apartment Owners Association vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions to the respondent Development Authority to examine the petitioner's pending representations and take an appropriate decision concluding the Section 10 proceedings, expeditiously and preferably within twelve weeks, after hearing all concerned.

Issue for consideration

Enforcement of orders dated 22.12.2023 and 13.01.2024 passed by respondent no. 2 and conclusion of the proceedings under Section 10 of the U.P. Industrial Area Development Act, 1976. +2 more

Court's answer

As agreed between the parties, the court disposed of the petition with a direction to the respondent Development Authority to examine the representations and take an appropriate decision, so that the proceedings initiated pursuant to the show cause notice are taken to their logical conclusion.

Ratio / Principle

The decision shall be taken by the Authority expeditiously and preferably within twelve weeks.

Key takeaways

All concerned shall be heard before any decision is taken in the matter.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, WRIT - C No. 754 of 2025 (neutral citation 2025:AHC:21551-DB), bench of Manoj Kumar Gupta and Anish Kumar Gupta, Judges; order dated 14.2.2025. Hawelia Valencia Home Apartment Owners Association petitioned for enforcement of orders dated 22.12.2023 and 13.01.2024 passed by respondent no. 2 (Development Authority) and for conclusion of proceedings under Section 10 of the U.P. Industrial Area Development Act, 1976, arising from unauthorised constructions in the shape of parking over open area at the Hawelia Valencia Homes residential project of respondent no. 3. In the 22.12.2023 order respondent no. 3 undertook to remove the constructions and restore hard surface to soft surface (green area per approved building plan) but was stated not to have complied, attributing this to objections by some allottee members holding the parking spaces. With representations of 18.09.2024 and 23.12.2024 pending, the court disposed of the petition, directing the Authority to examine the representations, decide expeditiously preferably within twelve weeks, and hear all concerned first. Joint opinion; no precedent cited; no monetary quantum involved.

Neutral Citation No. - 2025:AHC:21551-DB

Court No. - 21

Case :- WRIT - C No. - 754 of 2025

Petitioner :- Hawelia Valencia Home Apartment Owners Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manjari Singh Counsel for Respondent :- Anjali Upadhya,C.S.C.

Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record.

2. Sri Rishindra Vikram Singh and Sri Raunak Tiwari have entered appearance on behalf of respondent no. 3.

3. The instant petition by Association of Apartment-owners is for enforcement of orders dated 22.12.2023 and 13.01.2024 passed by respondent no. 2 and to conclude the proceedings under Section 10 of the U.P. Industrial Area Development Act, 1976 and also to take decision on the representation dated 18.09.2024 and reminder dated 23.12.2024.

4. The petitioner is an Association of Apartment-owners of a residential housing project developed by respondent no. 3 in the name of Hawelia Valencia Homes. A notice dated 30.05.2023 was issued by the respondent - Development Authority to respondent no. 3 under Section 10 of the U.P. Industrial Area Development Act, 1976 in respect of certain unauthorised constructions in shape of parking over open area. In the said proceedings, an order came to be passed on 22.12.2023. The order records that in an inspection held by the Authority illegal constructions were found to be in

existence. The respondent no. 3 agreed to remove the same and to restore the hard surface to soft surface, as the same was part of green area, as per the approved building plan. Since, respondent no. 3 is stated not to have complied with the said agreement, as recorded in the order dated 22.12.2023 and therefore, the instant petition has been filed.

5. Learned counsel for respondent no. 3 states that respondent no. 3 could not implement the undertaking given by it, as some of the members of the petitioner - Association, to whom the space was allotted for parking, had objected to the same.

6. Since the representations filed by the petitioner - Association are stated to be pending before the respondent - Development Authority and therefore, as agreed to between the parties, we dispose of the instant petition with direction to the respondent - Development Authority to examine the representations and take appropriate decision, so that the proceedings initiated in pursuance of show cause notice dated 29.05.2023 is taken to its logical conclusion. The decision shall be taken by the Authority expeditiously and preferably within twelve weeks from today.

7. Needless to say that all concerned shall be heard before any decision is taken in the matter.

(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

Order Date :- 14.2.2025 gp

Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad