Allahabad High Court directs GDA not to issue CC to Saya Gold Avenue

News Point: The  Allahabad High court has asked GDA not to issue any Completion certificate to the SAYA Gold Avenue project opposite Shipra Mall in a writ petition filed by Suntower Resident welfare association against GDA & Saya Builders/Shipra builders alleging violation of FAR & construction on Green park area as marked in Sanctioned plan of 2005.  

The Suntower RWA raised objection that the open green area and the green area between the G+12 tower cannot be illegally converted into a 37 storied SAYA Gold building thereby completely taking away the open green area and permanently blocking the sunlight and air flow etc. besides affecting the view.  

It has been alleged that Shipra builder sold its FAR to Saya & Saya  builder has covered entire land & built 8 towers( 3 basement+ 37 storey)  leaving no land for green area behind their back without seeking the mandatory consent of their Association as per law.

Suntower RWA Gen Secretary told that due to this violation, ground water level has been depleted by hundreds of feet & air & sunlight for nearby Suntower apartment has been badly affected.

He added that after the Hon’ble Supreme Court remanded the matter the Allahabad High Court had appointed “3 member Court  commission” in Nov 2017, but the opposite parties delayed the hearing. The reports of the Court commissioner was filed after their visit to the site & confirmed in its report the ground situation of the Saya Gold avenue building plan, the condition of the open green area and the source of FAR to convert two 12 storied buildings into eight 37 storied towers. 

The Commission report also mentioned that Shipra Builder has not delivered various facilities like swimming pool & club house etc of Suntower. Common area facilities were not provided by its builder (Shipra Estate Ltd) and GDA for past 12 years.  

On arguments advanced on the basis of commission report & attempts by GDA to issue Completion Certificate to frustrate the pending Supreme Court expedited Case, on 14th May, the High court directed the GDA not to issue completion certificate for Saya Gold Avenue. This means Saya can’t give possession of flats until case verdict. 

The RWA members have questioned the 2013 and 2015 sanctioning of additional FAR (additional construction rights) in the existing schemes which were declared and sold to allottees.

Allottees found a new building blocking their view and frustrating their decision to purchase the flat with their life time savings while the builder makes windfall profit and GDA makes money against additional FAR sale. In this case GDA has snatched away the open green areas of the inhabitants of Shipra Suncity just because they have earned 168 crores from the purchase. 

The RWA lawyer S.K.Pal said this case attempts to stop the practice of GDA and other Development authorities in UP whereby the original map is altered after allotments have been made and substantial amount of money is collected on the basis of brochures based on original plan. Such additional construction after the original plan is sanctioned not only delays the project but also damage the confidence of the buyers which has resulted in the lack of buyer’s confidence in new projects in the past few years.

The laws like U.P. Apartment Act 2010 and the RERA prohibits any such alteration of original plan after allotment without consent, but the development authorities take help of Govt. orders which are not applicable on Underdevelopment projects to eclipse the law and help private developers to earn windfall profit and delay the projects.

The RWA reiterated that they were made to live in incomplete SUN TOWER buildings for past 12 years by GDA and Shipra and now they have taken away their green open area, fresh air and sunlight which they will not accept. 

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