The Allahabad High Court’s order to demolish Supertech’s twin 40-storey towers in Noida’s Sector 93-A has sent the developer in a tizzy, prompting it to resort to unfair means to protect its interest.
In one such move, the company has asked buyers of its other projects to sign an undertaking that they agree to all terms, conditions and restrictions of the company before the date of transfer of property. The builder has circulated an e-mail in this regard to its buyers citing provisions of the UP Apartment Act 2010 as necessitated by the Greater Noida Authority. But the motive behind the move comes under scanner as the said Act has not been implemented in the region till date. But while the developer could not issue a clarification to this effect despite repeated attempts, the Noida Authority officials were quick to deny saying they have not asked the realtor to furnish any such declaration from the buyers.
The move of the realtor has enraged the buyers who plan to protest the decision. The buyers have blamed the realtor has added more clauses in the undertaking with an ‘ulterior motive’, which is not acceptable at any cost. The company, through the mail, has asked its buyers of Eco Village-1/2/3 and Oxford Square projects of Greater Noida West to submit Form-B with signature of allottee and sub-allottee within a one-week period. “I hereby give my consent in terms of Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 to M/s Supertech limited or any of its SPV executing the project named above to make additions and/or alterations in the project subject to the approval of the competent authority,” the undertaking read.
However, Greater Noida Authority officials said they would look into the matter if the buyers approached them. “We have not given any order in this regard. It is a matter between the developer and the buyers. If the authority is approached by the parties, we will look into it,” said a senior official of Greater Noida Authority. Noida Authority too denied issuing such orders saying, “We have not released any order to the realtor. If they have taken the step, it is the buyers who have to take appropriate decision,” said a senior official of Noida Authority.
Though the company has sought an undertaking by saying that the form has been made mandatory by Greater Noida Industrial Development Authority (GNIDA), the buyers alleged that the whole exercise is being done to make changes to Eco Village-1/2/3 and Oxford Square projects. The buyers have claimed that the motive behind the move is to construct additional floors and a tower in the open area at these projects, which is why it has included words like ‘addition and alteration in the projects.’ “As the realtor wants to construct additional towers in open areas of its projects illegally, it is trying to mislead the buyers. The main motive is to legalise illegal construction,” said a buyer of Eco Village-2 project.
Indrish Gupta, an office bearer of Noida Extension Flat Owners Welfare Association (NEFOWA), said they oppose any such move by the company and have decided to protest on Saturday at Supertech’s office. “At the time of agreement, the company kept flat buyers in the dark. They did not give Form-A to buyers with the motive to suppress information and now it wants signatures on Form-B with an additional clause, which is overtly illegal. We will intensify our agitation and not hesitate to move court,” said Gupta. Meanwhile, Supertech officials chose not to comment despite attempts to reach them.