Ghaziabad: Allahabad high court has appointed an advocate commissioner to physically survey Gulmohar Greens after residents and Ghaziabad Development Authority (GDA) presented conflicting claims over construction changes, 112 additional units and the project’s completion certificate (CC).A two-judge bench of Justices Sudhanshu Chauhan and Saral Srivastava, in its Sept 16 order, said: “The respondents (GDA) have disputed the facts. So, in order to ascertain the correct factual position, advocate commissioner duly has been appointed by this court.”The commissioner will inspect the residential society on Sept 19 and 20. The court has asked for a detailed report on the total number of towers, including unfinished ones; floors in each tower; flats on each floor; and the number of completed and under-construction flats. The findings will be considered at the Sept 30 hearing.The order follows a petition residents filed in 2025. HC had earlier questioned how flats were handed over despite the project not having a CC and sought clarity from GDA on who was responsible for enforcing the requirement.At the centre of the dispute is the sanctioned plan. The 2006 layout provided for 35 towers with 904 dwelling units, but 34 towers were eventually built. The developer later obtained compounding in 2011 and 2015 and sought another in 2024. Residents alleged these changes added 112 units to the project, which should not have been made without their written consent. They also alleged that the common area on the ground floor was sold despite the project lacking a CC.Compounding means regularising certain deviations from an approved building plan by paying a prescribed charge, subject to applicable limits. GDA has disputed the residents’ claims and said the compoundings were granted under the rules in force.A CC is issued after the development authority verifies that construction conforms to the sanctioned plan. The survey will, therefore, establish the actual position on the ground instead of leaving the court to rely only on competing affidavits and records.
