NOIDA: The Allahabad high court order directing the demolition of two 40-storey towers of Supertech Emerald Court in Noida has brought the UP Apartment Act, 2010, into focus.
The Act was passed in the UP legislative assembly during the Mayawati-led BSP government. Although the rules under the Act had been notified a year later, the Noida Authority is yet to implement them.
Barely two months back, an association of home-buyers in Gautam Budh Nagar had sought the intervention of UP governor BL Joshi to ensure the implementation of the Act in Noida and Greater Noida. They had alleged that non-implementation of the Act had compromised interests of at least 5 lakh homebuyers in the area.
The association, NEFOWA, is worried about the fate of families that had booked flats in the two Emerald Court towers. “We have continuously followed up with different authorities demanding implementation of the Act. However, there has been no response,” said Shweta Bharti, general secretary, NEFOWA.
Following a board meeting in December last year, the Noida Authority had announced its plan to appoint a competent authority for implementing the Act. It had also said a detailed set of guidelines would be evolved. The proposal, however, has seen no headway.
The Act gives apartment owners the right to peruse original maps of project layout plans submitted by a developer to the local authority. It makes it mandatory for developers to make full disclosure of projects, including layout plans approved by the authority, nature of fittings and fixtures to be used in the building, land titles, and details of ownership and facilities in case of encumbrances. Developers are also required to specify the likely date of delivering the project, besides the penalty they would have to pay to buyers in the event of delay.
The Act places a certain onus on home-buyers as well, such as penalties in case of non-payment of installations.It also makes it mandatory for buyers to form an apartment owners’ association to administer day-to-day affairs of the society and stipulates that the developer would have to obtain the consent of each member of the housing society before making any major alterations to the layout plan of the project.
In its April 11 order, the Allahabad high court had observed that the consent of the RWA was not obtained before erecting the towers at Emerald Court.