Meghdutam Project: HC Orders Noida Authority to Register Flats

Residents of the Meghdutam project in Sector 50, Noida, have received a much-needed boost, thanks to a recent ruling by the Allahabad High Court. On January 15, the court directed the Noida Authority to move forward with flat registrations for residents who’ve been waiting for property documents despite paying in full. This interim order is a welcome relief for homeowners who have been in limbo for years.

The ruling came after 19 residents filed a petition, urging the court to intervene. The court instructed the Noida Authority to carry out the registrations based on an occupancy certificate granted in October 2015. It also ordered the Authority to continue pursuing the recovery of dues from the project’s builder, TGB Infra Developers.

Builder’s Dues and Authority’s Delay

The court didn’t hold back in its criticism of the Noida Authority for failing to take meaningful steps in recovering the dues from TGB Infra. The bench pointed out that Anil Kumar Saha, one of TGB’s directors, has stakes in 39 other active real estate companies, providing several opportunities for the Authority to collect the owed money.

The Meghdutam project, which includes 173 units across 12,750 sqm, was handed over to TGB Infra back in 2008. At one point, the developer owed Rs 55.3 crore, but after adjustments under a state government rehabilitation package, the dues were reduced to Rs 43.7 crore. However, TGB failed to make even the 25% advance payment (Rs 10.9 crore) required to move forward with the registration process.

Prioritizing Homebuyers

In its ruling, the court made it clear that the residents who’ve already paid the full amount should not be kept waiting any longer. The court ordered the Noida Authority to execute tripartite sub-leases for the residents, who have been living in their flats based on the occupancy certificate granted by the Authority.

The petitioners also brought up Uttar Pradesh’s policy for stalled real estate projects, which prioritizes the registration process for homeowners. They referenced important Supreme Court rulings from the Amrapali and Lotus 300 cases, where the court sided with homebuyers’ rights over builders’ failures.

What’s Next for Residents?

The next hearing is set for February 6, when the court will finalize the list of homeowners eligible for registration. Kanwar Lal Sipani, president of the Apartment Owners Association (AOA) and one of the petitioners, said that they’ll be coordinating with the Noida Authority to ensure the registries are executed without further delays.

This case highlights the importance of protecting homebuyers’ interests, especially when developers fail to meet their obligations. While the Noida Authority has issued multiple warnings to TGB Infra, including notices about unpaid dues and potential involvement of the Economic Offences Wing, this ruling brings hope that the issue will finally be resolved for the residents of the Meghdutam project.

This development is not just significant for Meghdutam residents but also sets a strong precedent for other stalled real estate projects, ensuring that homebuyers aren’t left stranded due to builder delays or administrative inaction.

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