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The Lucknow bench of the Allahabad High Court has temporarily stayed the demolition of 81 flats in the Royal Green Apartment, Lucknow, granting relief to residents who were served notices to vacate their homes. The demolition orders stemmed from actions against the builders 19 years ago. The court allowed residents to compound their properties by paying a penalty and stated it would hold officials of the Lucknow Development Authority (LDA) accountable for their failure to act on the original orders. This case highlights issues like regulatory lapses, the importance of legal due diligence for homebuyers, and the broader implications for real estate developers and market trust.
Residents of 81 flats in Lucknow's Royal Green Apartment have been granted temporary relief from demolition following an order by the Lucknow bench of the Allahabad High Court. These homeowners were served notices to vacate their properties, which were to be razed as part of demolition orders issued against the builders nearly two decades ago. Advertisement
The court allowed the affected residents to apply to the Lucknow Development Authority (LDA) for compounding their properties by paying the required penalties. In its observation, the bench stated that the flat owners, who had invested their hard-earned money and were unaware of any legal violations, should not suffer due to the builders' negligence.
While granting relief to the residents, the court made it clear that accountability would be fixed on LDA officials who had failed to act on the 19-year-old demolition orders. This lack of timely enforcement not only caused uncertainty for the homeowners but also highlighted regulatory lapses within the authority.
The bench, comprising Justice Rajan Roy and Justice OP Shukla, issued the ruling while hearing a writ petition filed by several residents of the Royal Green Apartment, located in Mahanagar. The court has temporarily stayed the demolition, offering residents a window of opportunity to resolve the matter.
According to LDA counsel Ratnesh Chandra, the demolition orders were based on a 2012 public interest litigation (PIL) ruling by a coordinate bench. However, the court acknowledged the residents' rights and took a balanced approach by protecting their homes while ensuring compliance with legal obligations.
This case underscores a significant challenge in the real estate sector-homebuyers facing consequences for developers' lapses. Such incidents highlight the need for buyers to exercise caution during property purchases. Conducting legal due diligence, such as verifying project approvals and litigation history, is essential to avoid similar predicaments.
The problem of unauthorised construction is not unique and must be better understood. In rapidly developing metro cities it is difficult to anticipate or preempt where and in what quantum illegal constructions will flourish. Sometimes these activities go unchecked simply because of the sheer volume of activity in the area combined with a lack of strict enforcement of local laws. Having said that, citizens must work with local authorities to tackle the problem together. Buyers must exercise caution, check with local authorities and seek professional guidance before making real estate purchases. Vigilance, timely checks and strict penalties could help in creating a hostile environment for such illegal activities to flourish.
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