NOIDA: The Uttar Pradesh Real Estate Appellate Tribunal has mandated that the promoter of a residential cluster in Greater Noida’s Sector 27 must compensate homebuyers for delays and refund charges related to the township’s master club and golf course.
The promoter is also required to execute a correction deed to rectify missing information from the registered tripartite sub-lease deed.
The tribunal, consisting of Justice Suneet Kumar (chairman) and Rameshwar Singh (administrative member), issued this ruling while rejecting six appeals from AR Landcraft LLP, the promoter of the Godrej Crest residential cluster within the 100-acre Godrej Golf Links township, challenging a UP RERA decision dated March 7, 2024.
In addition to the interest payment, the tribunal has ordered a thorough investigation to determine whether the Greater Noida Industrial Development Authority (GNIDA) violated regulations. Furthermore, the promoter must pay ₹50,000 in litigation costs to each respondent within 45 days and UP RERA has been instructed to contemplate penal actions under the 2016 Act.
The tribunal criticized the promoter for engaging in fraudulent and deceptive practices since the project’s inception, identifying the violations as part of a systematic issue woven into the project’s approvals and financial demands on allottees.
A representative from Godrej stated, “We are surprised by the findings and directions and are currently conducting an in-depth analysis of the order. Appropriate legal action will be initiated against this decision.”
A significant portion of the tribunal’s ruling focuses on regulatory approvals issued by GNIDA. After reviewing project documents and the invocation of the Recreational Entertainment Park (REP) Scheme for the Godrej Golf Links township, the tribunal has ordered the regulatory body to retrieve complete REP Scheme records, approved layout maps, and sub-lease documents, and submit them to the UP government’s principal secretary within 45 days.
The principal secretary is tasked with assessing whether GNIDA breached the scheme and building regulations to advantage the developer, and must reach an independent conclusion after consulting the developer, GNIDA, UP RERA, and representatives of the allottees.
The tribunal emphasized the need for a thorough inquiry by the state government to ascertain whether legal procedures regarding recreational green spaces and the REP Scheme were overlooked.
