The hon’ble Allahabad High Court today issued Notice of Contempt of the Hon’ble Court order dated 14th May 2019 and had directed present VC,GDA Krishna Karunesh, IAS, to comply with the order of the Court order in letter and spirit. Contempt Notice has been also issued to the Director of Shipra Estate, Mr. Mohit Singh and Director of SAYA Mr. Vikash Bhasin, Director, along with the Vinay Kumar Verma, the authorized signatory of SAYA Gold in the purported sale deeds.
The Hon’ble High Court had earlier stayed the awarding of Completion certificate after it was reported by the Court Commissioner that the additional FAR of the SUNTOWER and WINDSOR & NOVA apartment owners have been used to build the SAYA GOLD AVENUE and SAYA S-CLass & Commercial project near the NOIDA-GHZ under pass. The additional FAR is the property of the existing owners of SUN TOWER and Windsor & NOVA which could have been used by the flat owners to make atleast 66% bigger flats for each allottee, but instead 1600 + flats have been built in place of 150 flats proposed in SAYA GOLD in 2005. The existing allottees cannot be fooled by GDA and SAYA.
The Contempnors have illegally carried out the Sale deed of few apartments even though the Completion Certificate was not to be issued. As per law, the flat cannot be occupied or registered as sold unless the Completion Certificate has been awarded. The Hon’ble High Court had thus disallowed
GDA from issuing Completion Certificate so that flats are not given for third party possession. All flats sold thus far are thus illegal.
The Hon’ble Supreme Court of India in 2014 had initiated Contempt proceeding against GDA for allowing possession of Mannat Banquet hall in Windsor Park near SAYA. It was sealed there after.
The SUNTOWER RWA wants to prevent the developer from trapping the unsuspecting buyers by giving illegal possession without the leave of the High Court. They have not been able to show any order whereby the GDA was allowed to award Completion certificate to the buyers but are making all untenable claims without any legal basis.
The SAYA builder wants to run away after handing over so that the buyers of SAYA Gold will have to pay the compensation from their pocket later on.
The interim order of 14.05.2019 is still operational and the outcome of the case will not exonerate the contempnor of their blatant violation and disrespect shown to the majesty of law.
The petitioner has decided to raise the issue in higher courts in future to show this collusion of the Authorities and the builders to frustrate the pending case.
The petitioners have prayed for sealing the towers immediately by the GDA or face action.