Allahabad High Court
T-Rose Tower Flat Owners Association ... vs State Of ... on 5 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 22353 of 2019 Petitioner :- T-Rose Tower Flat Owners Association Throu.President Y.Misra Respondent :- State Of U.P.Throu.Prin.Secy.Deptt.Of Housing & Urban & Ors. Counsel for Petitioner :- Bir Bahadur Singh Counsel for Respondent :- C.S.C.,Birendra Prasad Singh,Ratnesh Chandra,Shobhit Mohan Shukla Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Bir Bahadur Singh, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1, 2 and 6, Sri Shobhit Mohan Shukla, learned counsel for respondent no. 3 and Sri Birendra Prasad Singh, learned counsel for respondent no. 7.
Grievance of the petitioner is that respondent nos. 4 and 5 are constructing 9th floor at C-Block, T-Rose Tower, GH-3, Sector-5, Jankipuram Extension, Lucknow, contrary to the plan sanctioned by the competent authority and therefore prays that appropriate writ be issued for demolishing the aforesaid illegal construction.
The dispute in this petition is covered under the provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as "the Act, 2016") and the RERA Authority is the competent forum for resolving the dispute. Hence the petitioner is granted liberty to file a complaint before the RERA Authority who shall adjudicate the matter under Section 31 of the Act, 2016.
In view of aforesaid the writ petition is disposed of.
Order Date :- 5.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)