Noida: Supreme Court refused on Monday to interfere with an Allahabad high court’s judgment granting additional floor area ratio (FAR) to Great Value Realty for its Ekanam project in Sector 107 and dismissed a special leave petition (SLP) filed by Great Value Sharanam AOA.The 46-floor luxury residential tower project is to come up on four acres, which the developer had reserved for future development out of the 20 acres it had leased from Noida Authority between 2010 and 2015. The developer delivered its first residential project, Sharanam, on the first 16 acres in 2018 and proposed a second tower on the four acres only in Jan 2025 after Noida Authority granted it an additional FAR of 0.6 in Dec 2024.Though construction of the Eknam tower began last year after the building plan was sanctioned in June 2025 — with its delivery set for 2030 — the project has been marred by legal proceedings as Sharanam AOA approached state govt, and later the high court and Supreme Court, arguing that any additional FAR within its project should be allocated for improving existing facilities and common areas, not for creating a separate premium enclave within the complex.An 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 purchase additional plots.AOA’s plea, however, was rejected by state govt in Oct 2025, which cited that the association did not represent the majority of homebuyers and that Noida Authority had followed due process in granting the extra FAR. After the case went to Allahabad high court, the bench observed the case did not involve encroachment on parks, open spaces or common facilities, nor any undisclosed alteration to the Sharnam project and rejected the plea.On July 1 this year, the high court again dismissed AOA’s writ petition challenging the additional FAR granted to the developer. It had noted that a signature verification conducted by Noida Authority in 2024 had secured consent from 978 of 1,440 homebuyers to grant Great Value Realty the additional FAR.“Supreme Court has found no ground to interfere with the judgment of Allahabad high court and has consequently dismissed the SLP filed by Sharanam AoA,” senior advocate Mukul Rohatgi, representing Great Value Realty, said.By upholding Allahabad high court’s ruling, the apex court order is likely to bring to an end eight-year-long legal proceedings that had begun in 2018 when 12 Sharanam allottees challenged the realtor’s layout for the project citing inadequate amenities, which eventually led to the grant of additional FAR.Great Value Realty director Payas Agarwal said, “We welcome Supreme Court’s order and the clarity it brings for all stakeholders. We are committed to responsible development and delivering enduring value through projects.”Eknam, a 46-floor luxury residential tower project, will comprise 280 luxury three- and four-BHK residences ranging from 3,525 to 5,525 square feet.Sharanam AOA president Abhishek Mittal, meanwhile, told TOI that they will file a review petition in the apex court. “The developer got FAR without homebuyers consent,” he said. AOA has argued that approval of the 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.Mittal said Noida Authority survey was misleading. “The developer had attached a booklet with documents while giving possession in 2019. It was about 50 pages long, and many could not read it properly and signed it,” he said. AOA claimed the developer had sought permission only to buy additional FAR but wanted to construct an additional tower on the remaining portion of the original land parcel without securing fresh approval from residents.
