Allahabad High Court orders demolition of illegal Gulmohar Greens towers

Allahabad High Court orders demolition of illegal Gulmohar Greens towers

The Allahabad High Court ordered GDA to demolish unauthorised structures at Gulmohar Greens within two months. The ruling also mandates inquiries, refunds and a Rs 25 lakh payment to residents.Image used for representational purposes onlyPrayagraj,Oct 28, 2026 21:40 ISTThe Allahabad High Court has ordered the demolition of towers 27 and 28, as well as the ninth and tenth floors of towers 16, 17, 18 and 19, at the Gulmohar Greens Residential Society in Ghaziabad, news agency Press Trust of India reported.A bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan on Tuesday directed the Ghaziabad Development Authority (GDA) to complete the demolition within two months.“We also permit GDA to recover the expenses incurred in demolition from the promoter as arrears of land revenue. We further direct the district administration as well as police authorities to provide adequate assistance and security to the officers of GDA at the time of carrying out demolition in compliance with this order,” the court said.The order came on a petition filed by owners and residents of apartments at Gulmohar Greens Residential Society in Katori Mill, Mohan Nagar, Sahibabad. They had challenged the compounding map concerning the project. According to PTI, the court said in its 95-page judgment that the project had begun in 2005 but remained incomplete even after more than 20 years. It said the promoter had not obtained a completion certificate, though the Uttar Pradesh Apartment Act, 2010, places that responsibility on the promoter.“In such a pitiable situation, we cannot expect the apartment owners — who have invested their hard-earned money and on many occasions have managed the funds from finance companies, financial institutions or banks with a liability — to pay EMIs on getting the loan sanctioned, which begins immediately after loan amount is paid to the promoter,” the court said. It added: “In such a situation, the apartment owner cannot afford to wait till the time the promoter obtains the completion certificate. Because of these compulsions and constraints, the apartment owners have no option but to occupy the apartments to ease out their financial burden.”The court also found that Inspector Surendera Singh had not conducted the investigation properly and fairly and had failed to discharge his duty. “In such view of the fact, we suspend Inspector Surendera Singh and direct the competent authority to hold an inquiry against him for dereliction of duty,” it said.The court directed the state government to begin a disciplinary inquiry against the GDA vice-chairman who issued or approved the third compounding map dated December 18, 2024, which allowed the construction of the illegal tower. The inquiry must be instituted within one month of the order.PTI reported that the court also imposed a cost of Rs 25 lakh on the promoter. The amount must be deposited in the account of the Gulmohar Greens Residents Welfare Association within one month of the judgment and order. The promoter was also directed to return to 85 people the sale price of common areas sold to them.The judgment, therefore, requires the GDA to carry out the specified demolitions within two months, orders inquiries against the inspector and the GDA vice-chairman, and directs the promoter to pay Rs 25 lakh and refund the price collected from the sale of common areas.- Ends

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