It's gr8 appriciable effort which will show path to all other. More heartening to see the Name of Ajnara from Crossings Republik.
With Support of fedAoA and other who are working on this and have knowledge of it we all should list down the descripency in our respective society and seek advice from the court as without court intervention these builders are not ready to do anything.
The way economy is moving sooner we do better chances of getting things done as you never knows when your builder will become bankrupt and will run away like Balaji.
Regards
Manmohan Jha
From: "Sanjay Kumar Jha" <sanjaykrjha@gmail.com>
Date: 20 Nov 2015 16:00
Subject: [Xing] Fwd: The Allahabad High Court orders GDA to act on faulty Declaration
To: "CROSSINGS PARIVAR" <crossingsparivar@googlegroups.com>, <Xing-Future@googlegroups.com>
Cc:
Fyi....
From: "Federation of AOA" <fedaoagzb@gmail.com>
Date: Nov 20, 2015 3:58 PM
Subject: The Allahabad High Court orders GDA to act on faulty Declaration
To:
Cc:
Federation of AOA is pleased to inform you that with our guidance and support our two member societies had challenged Declaration filed by respective builders in Allahabad High Court. Matters were listed 02.11.2915 in front of honourable judges Dilip Gupta and Mukhtar Ahmad. The judges are kind enough to listen our please and pass a direction to Vice Chairman Ghaziabad Development Authority that in the event the petitioner files objections regarding the declaration, the same shall be examined in accordance with the provisions of the Act and the Rules framed thereunder, after hearing the parties concerned, including builder/promoter expeditiously and preferably within a period of six weeks from the date of filing of the objections with a certified copy of this order before the Vice-Chairman of the Development Authority.
Please find below the brief of the objections raised by petitioners.
Ajnara Gen-X, Crossings Republik, Ghaziabad
This is the first order in case of Crossing Republik township on Declaration. Ajnara Gen-X society is being developed, by Ajnara Indian Limited at part of plot GH-06, Crossing Republik, Ghaziabad.
The building plan for the group housing was sanctioned by the Respondent no. 1 on 16.09.2009.
Ajnara India has filed an unregistered, incomplete and defective Deed of Declaration in May 2015 claiming therein independent areas for its project at part of GH-06, Crossing Republik, Ghaziabad, whereby the total area of land falling in Plot GH-06 has been mentioned in Annexure –A of DOD, which shall have adverse effect on the rights of the residents of the different group housing projects developed on plot GH-06, in case of redevelopment in future. This deed of declaration has been filed without mentioning any date.
The promoter is trying to encroach upon the common undivided open areas/common passage for parking allotment by declaring it Independent area. The undivided open areas/common passage comes under the definition of the common areas and facilities. Builder cannot be allowed to have independent area belonging to the promoter around the residential complex.
In the sale deeds it has been committed by the builder that community hall/Club will be handed over to the association of apartment owners/residents welfare association. Sec3(i) (iii) of the Apartment Act also defines community hall constitute common areas and facilities. Whereas on Declaration builder has shown it as an independent area and claim that it can be sold.
Drawing no - 1023/EHA/GH/08-09 dated 26/06/2009 , sanctioned by GDA is one of the basic drawings. It can not be deviated from without the approval of the unanimous consent of all the apartment owners and approval of Competent Authority, as per the U.P. Apartment Act and the judgment of Hon'ble Allahabad High Court dated 14.11.2013 in writ – c no. 33826 of 2012. As per drawing the area was to constitute to be used for parking, green area and open space.
5. voting percentage of various apartments has not been mentioned in the Deed of Declaration and no sanctioned maps has been annexed along with the declaration.
6. To disentitle the builder from independent area claimed in Annexure – F of the deed of declaration for its project titled Ajnara Gen-X at Crossing republic, Ghaziabad pursuant to its public notice dated 17.12.2013 and 23.03.2015. On which builder is constructing 37 shops whereas in sanctioned map there was only eight shops. More shops are being constructed by compromising common area and parking area of apartment Owners.
SGRWA Objection on DOD Filed by JIDPL for Jaipuria Sunrse Green ,12A Ahinsha Khand , Indirapuram , Ghaziabad)
• Complete project declared in annexure A is residential & Named Jaipuria Sunrise Plaza
• Residential & commercial area are mixed & misleading in DOD
• Super Area & covered area are not matching
• Electrical , Firefighting assets are not declared
• Plumbing & electrical drawing not attached
• Some area declared as independent area in the complex , which is wrong declaration
• Land boundaries wall information is wrong
• Most of Unit area mentioned are wrong.
• All Flat owner including shop owner
• Drawing of electrical & plumbing is missing
• Power backup (generators) inventory is missing
• DOD is not certified by Architect
Prayer:
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and issue an ad-interim mandamus directing Respondent no. 1 not to give effect to the defective deed of declaration dated December 22, 2014 as submitted by Respondent no. 3 and decide the objection dated April 9, 2015 filed by the Petitioner within reasonable time as may be prescribed by this Hon'ble court and/or any other order or direction as this Hon'ble court may deem fit and proper in the case.
We want to bring to everyone's kind attention that these societies (member of Fed AOA) has submitted multiple objections on Declaration filed by respective builders. However, there were no satisfactory or no response at all from the Competent Authority. In action of GDA, both societies were forced to approach the Allahabad High Court.
There are other (member of Fed AOA) societies also have filed similar case. In few societies, GDA was directed by the HC to get Declaration prepared by the architect.
Federation of AOA is witnessing that AOA/individuals are filing complaints but GDA is not taking appropriate action to get Declaration filed in correct format. Which is leading to a dispute and societies/individuals are forced to approach the High Court for being heard.
We are also witnessing that landmark judgement Hon'ble Court in Writ No. 33826 of 2012 (Designarch Infrastructure Pvt. Ltd. v Vice Chairman, Ghaziabad Development Authority("Apartment Act Judgment") is not also being honoured by Development Authorities and most of the builders.
A delegation led by Federation of AOA president Mr. Alok Kumar met VC-GDA Vijay Kumar Yadav, IAS, and OSD D.P. Singh on November 7, 2015. In the said meeting senior GDA officials have asked to submit list of the societies where builder has not filed Declaration and another list where builder has filed factually incorrect/faulty Declaration.
We, hereby, request each societies to send us if you fall in any of the above categories. Send us a letter/email copy of objections which you have filed in Ghaziabad Development Authority. So we can take up the matter to GDA officials strongly.
Vice President,Fed AOA Vice President,Fed AOA President,Jaipuria Sunrise Greens
You received this message because you are subscribed to the Google Groups "Xing-Future" group.
To unsubscribe from this group and stop receiving emails from it, send an email to Xing-Future+unsubscribe@googlegroups.com.
To post to this group, send email to Xing-Future@googlegroups.com.
Visit this group at http://groups.google.com/group/Xing-Future.
To view this discussion on the web visit https://groups.google.com/d/msgid/Xing-Future/CAGsfuehqM03TUss4HTumNi4tdb6Q1VYNMfey8_ns07G38TYMgA%40mail.gmail.com.
For more options, visit https://groups.google.com/d/optout.
Posted by: Manmohan Jha <manmohan.jha@gmail.com>
| Reply via web post | • | Reply to sender | • | Reply to group | • | Start a new topic | • | Messages in this topic (1) |
http://www.croma.org.in
Also, do register at the CROMA site, if not done already:
http://www.croma.org.in/member-registration/
[IMP: People posting ads for promotion of their business or of commercial-only nature will be banned/unsubscribed without any warning or clarification]
