Ghaziabad: Allahabad high court has directed the Ghaziabad Development Authority (GDA) to file an affidavit by Sept 7 clarifying which authority is competent to ensure compliance with the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010.The directive came during the hearing of a petition filed by the Gulmohar Greens Residential Society, which claimed the developer had handed over possession of flats before the housing project was issued a completion certificate, in violation of the Act.In its Sept 1 order, a two-judge bench of justices Sudhanshu Chauhan and Saral Srivastava said it was “undisputed that the builder had not yet obtained the completion certificate” even though possession had been delivered. Calling it a “flagrant violation” of Section 4(5) of the Act, 2010 and Section 15-A of the Uttar Pradesh Urban Planning and Development Act, 1973, the bench said it was unable to determine from either Act who the competent authority was to ensure compliance with these provisions, and directed GDA to clarify this.A group of homebuyers first petitioned the court against the developer in 2025, stating that under the original 2006 layout plan, 35 towers comprising 904 dwelling units were proposed in the residential project, but only 34 towers were built, deviating from the approved plan. The developer subsequently sought compounding of the sanctioned map in 2011, 2015 and 2024, adding a total of 720 units across various towers. The residents have contended that the original plan is binding and cannot be altered without written consent from owners, which they say was never obtained.Compounding refers to the additional charge a development authority levies on construction that exceeds the sanctioned layout plan, provided the deviation does not exceed 10% of the sanctioned plan.During the hearing, the court questioned how possession was granted to homebuyers when GDA has not issued a completion certificate to date. GDA has maintained that the compounding was granted under existing provisions.A GDA official said the three compounding applications were processed as per building bylaws, a position stated in court on July 18, 2025, and that an affidavit on the completion certificate issue was being prepared as directed.Under building bylaws, developers are required to obtain a completion certificate after project completion, following a survey by the development authority to verify construction against the approved plan. In practice, however, authorities often issue partial completion certificates that allow possession, officials said. Records show that between 2004 and 2022, GDA approved maps for 2,253 projects, of which completion certificates were obtained for only 221.
