NOIDA: The Uttar Pradesh government has rejected a revision petition contesting the Noida Authority’s decision to grant an additional floor area ratio (FAR) to a project developer in Sector 107.
The petition was filed by the Great Value Sharanam Apartment Owners Association (AOA) against Great Value Projects India Ltd.
In an order dated October 27, Additional Chief Secretary Alok Kumar from the Industrial Development Department ruled that the application under the UP Apartment (Promotion of Construction, Ownership & Maintenance) Act was not appropriate, noting that the contested orders were issued under the UP Industrial Area Development Act.
The AOA sought to invalidate the Noida Authority’s orders dated December 19, 2024, and June 11, 2025, which permitted the developer to purchase additional FAR and undertake extra construction in the Sector 107 residential complex.
The government’s order highlighted that the association had previously approached the Allahabad High Court, which did not entertain the petition but mandated the state government to decide on the pending revision after hearing all parties involved. Hearings were conducted on September 8, 22, and October 9, with rejoinders submitted by both parties.
During the hearings, the developer raised initial objections, claiming the revision was “not maintainable” under the UP Apartment Act, 2010, as the orders in question were issued under the UP Industrial Area Development Act, 1976 (UPIDA). They argued that the association’s authorization was invalid because only 91 members signed the resolution, failing to meet the 30% quorum required by its bylaws, making the petition legally unsound.
The builder also referred to a similar case from 2017, which was dismissed by the revisional authority, labeling the current petition as frivolous and an attempt to hinder legitimate construction.
In response, the association stated that it was formed in 2021, post-dating the 2017 case, and thus was not bound by that ruling. They asserted that their revision was valid under Section 27(3) of the UP Apartment Act, as the Noida Authority’s orders were made by a competent authority as defined by the Act.
They contended that the right to purchase additional FAR is a collective ownership right of apartment owners and cannot be utilized by the developer without the majority’s consent through a valid resolution.
Regarding the quorum issue, the AOA indicated that the resolution was passed during an adjourned meeting where the 30% quorum rule did not apply. The developer, however, disputed this, emphasizing that no notice or agenda was issued for the initial meeting and that over 1,000 residents supported the additional FAR, while the revisionists represented a minority.
After reviewing the evidence, the Additional Chief Secretary noted that prior to issuing the disputed orders, the Authority received consent from 1,165 flat owners to purchase additional FAR, while 429 flat owners objected.
