Allahabad High Court
Devika Gold Homz Apartment Owners ... vs State Of U.P. And 2 Others on 1 May, 2025
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:68442-DB Court No. - 21 Case :- WRIT - C No. - 11716 of 2025 Petitioner :- Devika Gold Homz Apartment Owners Association, Devika Gold Homz Apartment Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishi Kant Rai,Shashank Shekhar Rai Counsel for Respondent :- Anjali Upadhya,C.S.C.,Swapnil Sinha Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
1. The instant petition is by an Association of apartment owners of Devika Gold Homz Apartment. The said housing colony has been developed by respondent No. 3.
2. The case of the petitioner is that the petitioner-Association has been duly registered on 03.10.2024 by the Registrar of Societies, Uttar Pradesh. The developer is not handing over the common areas to the petitioner-Society and the petitioner-Society has already made representation in this regard to the Development Authority but the Development Authority, which is Competent Authority to examine the dispute, has not taken any decision in the matter so far.
3. The prayer made in the writ petition is for a direction to respondent No. 2 i.e. the Development Authority to take action against the developer.
4. Learned counsel for the petitioner submits that as per provisions of Section 14(5) of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, the developer is under obligation to handover common areas to the petitioner-Society.
5. Learned counsel for respondent No. 3 submits that earlier, there was dispute in relation to the management of the Association and according to her, two different bodies were claiming management rights. She further submits that some claim has also been made by the Association before UPRERA.
6. Learned counsel for the petitioner, however, submits that the matter pending before UPRERA does not relate to handing over of common areas.
7. Be that as it may, in our opinion, once the petitioner has approached the Competent Authority with its grievance, it is desirable that the Competent Authority decides the same in accordance with law.
8. Learned counsel for the respondent, Development Authority, points out that a notice has already been issued to respondent No.3 on 17.02.2025.
9. Having regard to the aforesaid, we dispose of the instant petition by providing that the Competent Authority, Greater Noida, shall take decision on the representation of the petitioner-Association dated 02.04.2025 within eight weeks from the date of communication of the instant order after due notice and opportunity of hearing to all concerned.
Order Date :- 1.5.2025 Mukesh Kr.
(Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.)