The inspection is being done after the residents had approached the High Court (HC) of Allahabad claiming that the developer, Shipra Estate Limited, has not fulfilled its promises mentioned in the affidavit filed in May 2017.
A month after the residents of Shipra Krishna Vista, a high-rise in Indirapuram, moved to court against Shipra Estate Limited (SEL) alleging contempt of the court, a commissioner from the High Court (HC) of Allahabad will visit the society on Thursday to verify this.
In April 2019, the residents had moved the HC demanding to initiate criminal proceeding under Section 340 of the CrPC against SEL. As claimed by the residents, SEL (the developer) has not fulfilled the promises it had mentioned in the affidavit filed in May 2017.
In May 2017, SEL had filed an affidavit promising to complete the project and deliver all amenities promised to the residents during sale of the flats. The affidavit was filed after the residents had approached the court against SEL in December 2016.
"We had no club house, our lifts were faulty, back-up generators were insufficient to cater power needs of the residents, outer facade of the society was incomplete and many more,” told Arun Rai, the petitioner in the case.
While SEL delivered many of the amenities promised two years later, there are many issues that still remain as it is or have been done as eyewash, claimed Rai.
He added that the developer did not provide club house and the residents had to collect funds and construct it. "We spent more than a crore to build it," he claimed. "Also, instead of texture paint promised to the residents, the developer has used plain paint just to save money."
The commissioner will document all these developments and match them with those mentioned in the affidavit submitted by the builder.
Besides, the commissioner will also take notice of two other issues – inspect central park of the society and a school proposed in the original layout plan.
According to the layout, the central park should have been at the ground level which is currently, elevated at 12 feet height from the ground level. Also, at the spot of the park, a primary school was mentioned in the layout. The builder is yet to construct the school.
As per the affidavit, the builder is bound to reconstruct the park and build the school as well. This has led to a dispute among the residents.
"If the park is demolished, the residents will lose the basement parking as well. Why do we need a school inside the society?" asked NC Tiwari, a resident of the society.
Rai claimed that as per the court order, the residents are entitled to receive compensation for their parking with interest. He also said that the elevation of the park has to go anyway as it's against the National Building Code.
"As per the code, a green area can only be developed on a piece of land. If it’s above the ground level, it won't come under the definition of green area. Besides, small kids face difficulty in reaching up," said Rai.
"The area of the school is less than 2% of the park area. The area of the park is 12,000 meters square while the school has to be constructed in 150 meters square. I don't understand what is the conflict here," Rai added.
