GDA has been instructed by the Allahabad High Court to withhold all completion and occupancy certificates to the society.
Rishabh Cloud 9 residents
Residents of Rishabh Cloud 9 in Indirapuram have been worried about losing part of their society.
The Allahabad High Court recently ordered GDA to stop all construction in the society and withhold further completion and occupancy certificates, following an allegation against Rishabh Group, the builder, that it had encroached upon and carried out construction on a government-owned piece of land that might or might not be included in the society premises.
Over a hundred residents also took part in a protest march today against the builder in this regard.
The issue dates back to August 2017, when a complaint was filed at the Allahabad High Court by Akhil Bharatiya Mazdoor Kalyan Sangh, claiming that the 630-Sq m piece of land with Khasra No 531 was originally owned by the Gram Sabha and had been encroached upon by Rishabh Group. The court had ordered authorities to demarcate the land.
However, Rishabh Group had responded saying they could not demolish construction even if it was found that the land had been encroached upon.
They would, however, compensate the buyers for any loss incurred, they had said. The builder added that construction work had been completed and that about 500 flat owners were already stakeholders in the issue.
The court, however, ordered GDA to stop all construction on the disputed piece of land while withholding any other permission, including occupancy and completion certificates.
Residents said that the matter had left them worried and confused, as they were not aware of any such dispute when they were buying flats.
“According to what the map of the project and the area suggests, the disputed khasra includes the main approach road of several towers of the society. It barely misses the clubhouse and might even touch balconies of some flats,” a resident said.
Speaking to City Spidey, Sanjeev Jain, director of Rishabh Group, said that the society had been constructed on 12,000 sq m of freehold land bought from SVP Group, another real estate developer.
“The plot does not include encroached land. We have constructed the society after procuring the necessary NOCs and permissions, so we are not at fault. We have decided to pursue the matter at the Supreme Court of India,” Jain said.
City Spidey also tried to contact the CEO and the director of SVP Group, but none of our calls were returned.
Meanwhile, residents of the society are already planning the next course of action. “We are holding meetings to decide upon what to do next. We might approach the Supreme Court along with the builder, but we haven't reached a decision on that yet. The builder has handed over a set of documents and our legal advisors are looking into them. We are just trying to find out the truth behing the piece of land,” said Gaurav Rastogi, a resident.
Speaking to City Spidey, RK Mittal, tehsildar of GDA, confirmed that Khasra 531 was a government-owned piece of land and was not owned by GDA. “There is an ongoing dispute and we are only trying to resolve the issue. Work for demarcating the area is going on,” Mittal said.
