Indian Kanoon - Search engine for Indian Law

 It reveals from the record that in respect to unused/balance FAR of the present projects in question, which indeed was originally sanctioned by the Noida/Greater Noida Authority at the time when the lease was sanctioned with 2.75 FAR but since it could not have been utilized and remained unused, at one stage, I.A. Nos.141062 of 2019 and 155624 of 2019 were filed by the Noida/Greater Noida Authority seeking direction for release the unused/balance FAR to the respective authorities.

On the last date of hearing, when the matter was taken up by this Court, a specific question was put to the counsel for the Noida/Greater Noida Authority that where the demand has been raised to grant sanction for additional 0.75 FAR in reference to the allotted plot where on property (duly demarcated), any construction has been raised, it is informed to this Court that in each of the projects to which additional FAR 0.75 has been prayed for, no construction has been raised so far and it is admissible (FAR) to the existing allottees as well, provided they fulfil all the necessary requirements under the building regulations of Noida/Greater Noida Authority. It goes without saying that while additional FAR is being claimed which is admissible and permissible FAR, it has to take into account the ground coverage, population density and open space as per the building regulations of the Noida/Greater Noida Authority.

Learned counsel submits that since the applicant has infused sufficient money in the project after participation in the open bidding process which was held pursuant to the orders of this Court, at least he has a right and interest in the project and the building plans/layout plans furnished by the applicant may be sanctioned by the Noida Authority in a time bound manner.

Mr. Ravinder Kumar, counsel for the Noida Authority, submits that this Court has considered the auction which was held in reference to the unused FAR of Princely Estate Project, proceedings are noticed by this Court as it reveals from the order dated 12.07.2022 and the schedule of properties which were auctioned by the Court Receiver have been noticed are detailed as under:

Accordingly, we direct the Noida Authority to examine the building plans/layout plans furnished by the applicant (M/s Solid Properties Pvt. Ltd.) on merits in terms of their building regulations expeditiously, as possible.

Projects of Greater Noida Authority

(i) Centurian Park Project, Plot No.GH­05, Sector Techzone­IV, Greater Noida. ­ Date of allotment 30.09.2010, date of execution of lease deed 17.02.2011, FAR admissible from lease deed maximum 2.75.

It is informed to this Court that SBI Capital Venture Funds (Swamih Funds) has an interest in the project. In the given facts and circumstances, we consider it appropriate let the NBCC submit building plans/layout plans through the Court Receiver for the purpose of seeking approval/sanction of the Plans, with an advance copy to the Swamih Funds.