The Allahabad High Court today restrained real estate company Sunworld from undertaking further construction at its "Vanalika" housing project, besides sale or transfer of possession of flats already constructed, unless approval for the residential apartment in question was obtained from the Noida Authority.
A division bench comprising Chief Justice D B Bhosale and Justice Yashwant Varma also asked the builder to get a declaration published in newspapers stating clearly that it had "no right to sell any unapproved flats in various towers" falling under Vanalika which is coming up in Sector 107 of Noida.
The court passed the order while hearing a petition filed by Dinup Matthew, a flat allottee in Vanalika, who has alleged that in six towers falling under the project a total of seven extra floors have been constructed by the builder without getting approval for the same from the Noida Authority.
The petitioner has also alleged that the builder was selling while keeping buyers in the dark these unapproved flats, which were nearly 140 in number and comprised over 30 per cent of the total construction that has been completed as part of the project so far.
During the course of hearing, the Noida Authority submitted before the court that it had the power to compound the unapproved constructions by imposing a fine on the developer.
The court fixed September 29 as the next date of hearing while directing the Noida Authority to file an affidavit disclosing its policy with regard to compounding and regularisation of unauthorised constructions.
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