Landmark Ruling Echoes Noida Case

In a major blow to unauthorized urban expansion, the Allahabad High Court has ordered the demolition of two residential towers at the Gulmohar Greens housing society in Ghaziabad. The high-profile ruling, which also mandates the removal of top floors from four additional towers, draws striking parallels to the infamous Supertech twin towers demolition in neighbouring Noida.

The judicial intervention follows rigorous petitions filed by distressed homebuyers and the Gulmohar Greens Residents Association (GGRWA). Beyond targeting the illegal structures, the court has set aside approvals granted by the Ghaziabad Development Authority (GDA), imposed a heavy penalty on the builder, and ordered a criminal investigation into the officials involved.

Comprehensive Demolition and Penalty Directives

Under the court's directives, Towers 27 and 28 are slated for complete demolition. Additionally, the ninth and tenth floors of Towers 16, 17, 18, and 19 must be dismantled within a strict two-month window.

Key aspects of the court's ruling include: - Demolition Costs: Expenses incurred during the demolition process will be recovered directly from the builder as arrears of land revenue, with district administration and police assisting GDA officials. - Financial Penalties: The developer must deposit Rs 25 lakh with the residents' association within a month, while the GDA has been ordered to pay Rs 50,000 to each petitioner in the primary case. - Criminal Investigation: An FIR must be registered against the promoter within two weeks, with the probe led by an officer of at least the rank of Additional Commissioner of Police.

Chronology of Violations and Air Force Land Dispute

The roots of the legal battle trace back to 2006, when the housing project received initial clearance for 34 towers and 904 flats on land in Karhera village, near Mohan Nagar. Complications arose when Hindon Air Force Station raised objections, pointing out the inclusion of land acquired by the Union government in 1962. Consequently, the original building plan was revoked in July 2010.

Despite the cancellation, construction persisted. The GDA subsequently greenlit revised plans in 2011 and 2015 under compounding provisions designed to regularize specific infractions. Further compounding approvals were issued as recently as December 2024, enabling the builder to erect Towers 27 and 28 and add unauthorized floors to existing blocks.

The High Court established that the developer improperly factored 4,560 square metres of Air Force land into the project's floor area ratio (FAR) calculations. Stripping away this contested land left the project severely deficient in the required FAR to justify subsequent approvals. Furthermore, the bench emphasized that statutory compounding mechanisms cannot be repeatedly invoked to bypass mandatory legal approvals.

Accountability for Local Authority Officials

In a stern rebuke of regulatory bodies, the High Court held GDA officials directly accountable for their complicity and negligence. The bench observed that administrative collusion had subjected innocent homebuyers to severe financial strain and protracted legal battles.

Legal experts note that this judgment reinforces the judiciary's zero-tolerance stance on unauthorized real estate developments across the National Capital Region, serving as a stern warning to developers and municipal bodies alike.