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Writ Petition No.15782 of 2010 Sun Tower Residents Welfare Association v. Ghaziabad Development Authority & Ors.

18. The petitioner is group housing society named as 'Sun Tower Residents Welfare Association' registered on 30.8.2008 with more than 100 members, who are owners and residents of the apartments constructed by GDA and Shipra Estate Ltd.-respondent nos.1 and 6 respectively with its registered office at D-32, Laxmi Nagar, Main Vikash Marg, Delhi. The GDA Housing Project in 10, Vaibhav Khand did not do well due to lack of civic amenities. The entire Indira Puram Colony was reeling under sewer power cuts and erratic water supply. The GDA, therefore, found it appropriate to hand over its project to private developer for which it invited tenders. The Shipra Estate Ltd.-respondent no.6 submitted a tender on 29.3.2000 for purchasing plot for sale for the purpose of developing group housing scheme at 10, Vaibhav Khand, Indira Puram, Ghaziabad of plot area of approximately 2,43,242.63 sq. mtrs. An area of 370 sq. mtrs. of 'Mazar' was left out from the allotment. The MOU between respondent nos.1 and 6 safeguards the interest of prospective buyers and RWA. The original plan submitted by the builder was subsequently sanctioned by GDA on 3.10.2002, with a condition that the allotted land can only be used for residential purposes with small percentage of shops to help the residents to sustain themselves in the plot. It could not have been used for commercial purpose like corporate marketing office or sample flats on other plots.

23. The petitioners have prayed for directions to GDA to strictly enforce the terms of MOU and original site plan, to quash all amendments made to the initial sanction plan directing GDA to install common assets like sound proof DG sets, electrical cables, water pipelines, water storage tanks for Ganga water, sewer line, fire fighting equipments, to stop commercial use and handover the site office and 3 sample flats blocks as space for social facilities and to collect all fines from the developer for not completing the Sun Towers and the whole project within time. The petitioners have also prayed for directions to GDA to extend the tenure of lease of respective flat owners to compensate the period when full facilities could not be availed and for making available maintenance corpus as fixed deposit with the RWA in separate account to cover the extra maintenance cost of the project and other reliefs. The Writ Petition was filed on 22.3.2010, when the U.P. Apartment Act, 2010 had not come into force.