Ghaziabad Development Authority has come down heavily on Niho Construction Limited for violating norms of the UP Apartment Act 2010.
The builder had flouted several construction norms of the Act during the development of Niho Scottish Gardens, a residential society in Ahinsa Khand 2, Indirapuram.
The Niho Scottish Gardens RWA had filed a writ petition on January 11 with the Allahabad High Court, requesting GDA's intervention to solve the problems of the residents. The High Court had ordered the GDA to intervene and ascertain whether action had be taken under Section 25 of the Act after a notice to M/s Niho Construction Ltd.
"Section 25 of the UP Apartment Act, 2010, states that,
(1) If any promoter,
(a) transfers by way of sale or otherwise any land appurtenant to a building and such land was originally shown as common areas and facilities such as park, open space, path ways, circulation areas, etc in the plan approved by the prescribed sanctioning authority, or
(b) illegally makes construction in contravention of the plan approved by the prescribed sanctioning authority beyond compoundable limits;
he shall, on conviction, be punished with imprisonment for a term not less than three years which may extend to six years or with fine not less than three lac rupees, which may extend to five lac rupees or with both."
GDA issued a notice to M/s Niho Construction Ltd on April 27, claiming that the builder was yet to solve the issues discussed in a meeting with the RWA. The meeting was held in the presence of Dayanand Prasad, OSD, GDA. The letter also said that the builder had repeatedly avoided GDA's calls for discussion. GDA has issued a show-cause period of 15 days, after which the accused would face prosecution.
Kapil Singhal, president of the RWA, told City Spidey that in a meeting involving GDA and the builder held on September 19 last year, the builder had promised to solve issues such as obtaining a completion certificate and a firefighting NOC, providing amenities such as swimming pool and clubhouse, and adhering to the original building plan promised to buyers.
"The builder has already caused us a lot of problems. He has to be punished," added Singhal.
Deepak Kapil, the developer of Niho Construction Ltd, was arrested in September 2014 for cheating homebuyers in Bhopal. Several attempts made by City Spidey to contact Jay Prakash Mangtani, director; Prateek Chauhan, maintenance in-charge; and Deepak Kapil, developer; failed as they were untraceable. All three were unreachable over phone.
