Noida: Allahabad High Court has dismissed a writ petition challenging the additional floor area ratio (FAR) granted to Great Value Realty for its 46-storey luxury residential tower, Ekanam, adjacent to its Sharanam project in Sector 107. The court held that the approvals were granted after due process and with the consent of a majority of homebuyers.The developer had leased 20 acres from Noida Authority between 2010 and 2015, with its layout approved in 2017 that proposed the Sharanam complex on 16 acres and reserved the remaining 4 acres for “future development”.In 2018, after the Sharanam project was handed over, 12 flat owners challenged the developer’s layout, citing inadequate amenities. The developer then sought homebuyers’ consent for additional FAR.
Great Value Sharanam AOA had approached the state govt and later the high court, arguing that any additional FAR within the project should be allocated for improving existing facilities and common areas, not for creating a separate premium enclave within the complex
Noida Authority subsequently conducted a signature verification and found that 978 of 1,440 homebuyers had consented to the proposal. It subsequently approved an additional FAR of 0.6 in Dec 2024 and sanctioned a revised building plan in June 2025.Additional FAR granted under the UP Industrial Area Development Act, 1976, allows a developer to legally increase its total built-up area, which means it could expand amenities or construct new flats on the land without needing to buy additional plots.Great Value Sharanam AOA, however, approached the state govt and later the high court, arguing that any additional FAR within the project should be allocated for improving existing facilities and common areas, not for creating a separate premium enclave within the complex.The AOA submitted before the high court that approval of additional FAR violated Section 5(3)(a) of the UP Apartment Act, which makes the percentage of each apartment owner’s undivided share in common areas a “permanent right” that cannot be changed without the written consent of all apartment owners. It argued that purchasing additional FAR affected this undivided share and, therefore, required collective consent passed through a valid resolution. The developer, the petitioners said, sought permission only to buy additional FAR but now wanted to construct an additional tower on the remaining portion of the original land parcel without securing fresh approval from residents.In Oct 2025, the state govt rejected the plea, citing that the association did not represent the majority of homebuyers and that the Authority had followed due process.In its order on July 1, the high court bench observed that the case did not involve encroachment on parks, open spaces or common facilities, nor any undisclosed alteration to the project. “The land in question was consistently disclosed as earmarked for future development. The individual written consents executed by the substantial majority of allottees (978 buyers) remain legally valid, operational, and unrevoked. The legal challenge brought by the office-bearers of the (apartment owners) association cannot override the individual consents given by the flat owners,” justice Arun Kumar said.Holding that the approvals were granted after due process and with the consent of a majority of homebuyers, the order said: “…this court finds no jurisdictional error, perversity, or violation of due process in the impugned orders. The writ petition is devoid of merit and is hereby dismissed.”Ekanam will comprise 280 luxury 3- and 4-BHK residences ranging from 3,525 to 5,525 square feet. Construction began in 2025, with delivery slated for 2030. “With the legal position now settled, our focus turns entirely to delivery of the flats,” said Great Value Realty director Payas Agarwal.
