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					Ref:                                                                 Date: 16/11/2010

To,

The Hon’ble Chief justice,

Allahabad High Court,

Allahabad, Uttar Pradesh

Sub: Unauthorized construction in Trans Hindon area for the past 10 years and
the indifferent attitude of the Ghaziabad Development Authority and Awas
Vikash Parisad has put the life of citizens of this area in peril.

                Against Violation of Section 21 of the Constitution of India

Respected Sir,

       We are making this representation on behalf of more than 10 lakh inhabitants of trans
Hindon area in Ghaziabad District having a mixed population of lower and middle class people
from the service class. This area falls in the NCR region close to Delhi.

       The citizens have made numerous representations individually and through their
respective Resident Welfare Associations in the past 10 years but no action has been forth
coming rather their voice has been suppressed by various means.

        Ghaziabad Development Agency and Awas Vikas Parisad has not followed its own
statutory rules which has lead to permanent sufferings for the inhabitants of the area. The
colourable exercise of power and bending of statutory UP rules have lead to such a serious
situation that if immediate action is not taken to restore proper functioning of these authorities
there is every possibility that there could be mishaps costing many lives.

          We are hereby giving the following details for your kind consideration:

       1. That no clear stand or measure has been taken by GDA and AWAS Vikash Parisad in
          respect of large scale unauthorized constructions undertaken in almost all the plots. The
          unauthorized construction is latter on regularized (compounded)even through they not
          permitted under the UP compounding policy and is adversely affecting the common
          interest of the original allottees and contrary to the original building plan.
       2. That the UP building bylaws 2000 and NBC guidelines are not being followed while
          sanctioning the original plan or allowing amendments to such common undivided
          properties like area of open park, requisite parking slots, allocation of community
   centre, exact permissible number of shops as per population, commercial activities in
   residential plots etc.

   The authorities have turned a blind eye to such blatant violation even when brought to
   their notice as such a detailed survey through an independent agency like Central
   Building research Institute is carried out and made public with the participation of the
   direct stake holders.

3. That the development authorities have not clarified their their policy in respect of
   salable FAR over and above the FAR designated in the master plan. This unplanned
   approval of extra FAR at a subsequent stage when flat units are booked in reference of
   the original plan at original FAR is changing the common area share, common amenities,
   character and population of the society together with huge burden on the water,
   electricity, sewer and municipal roads creating a permanent problem for the area which
   is both contrary to the judgements of the Hon’ble Supreme Court of India.
4. That the terms of clause 8 and 9 of UP sasan Office office order 1157/9-A-3-1999-2 A
   Ni./89 dated 9th March 1999 is not being followed which prohibits the sale of
   purchasable FAR after the original plans have been passed at original FAR and this has
   special relevance because flats are first sold and money collected making reference of
   the original plans. Subsequently the same collected money is used to purchase the extra
   FAR to the disadvantage of the original allottees. In most cases the height of the
   buildings are raised by adding extra floors on the old foundations by providing a single
   page certificate from civil consultants without any calculations and structural design
   details of such structures in this 4 sismic zone.
   Moreover the 90% of the money collected from sale of extra FAR is not being used for
   the development of wider roads, procurement to advanced sewer treatment machines,
   hydraulic ladder fitted fire engines etc.
5. That no data or details are being provided regarding the actual number of ploted houses
   or group housing schemes having the mandatory Completion/occupancy certificate
   before sale deeds were executed in favour of owners. Owners are being forced to take
   possession of incomplete flats and projects with no action from the development
   authority or demand of completion certificate by the registry office. Owners are being
   made to live under these dangerous incomplete buildings for years together and are
   being threatened of ordering sealing of the property under ’absence of completion
   certificate clause’ if this issue is raised in any forum. Writ filed by few such affected
   RWA’s before the Hon’ble Allahabad High Court is being delayed by repeated
   adjournments by the opposite parties while day to day maintenance and essential
   services are being interrupted to force then to withdraw such petitions.
     All such essential details pertaining to each plots should be made available in their
     official website for transparency.
6.   That unauthorized constructions are being carried out in many plots after obtaining the
     ‘Completion Certificate’ and the same are being regularized compounding the problems
     many fold which is completely illegal.
     Moreover the possibility of adding extra units after obtaining the completion certificate
     is only reason for which promoters and builders are refusing to hand over the common
     assets to the respective registered RWA adding to the miseries and frustrating the UP
     Apartment Act 2010.
7.   That the part 3 –group housing has detailed out the conditions for open park area,
     community centre, stilt area etc but the rules are not being followed by way of dividing
     the open park area for the use of promoters for commercial purposes, convertion of
     community centre into commercial clubs or convention centres and making rooms or
     flats in the stilt areas even through the Hon’ble Supreme Court has held that these areas
     are the common areas and facilities cannot be parted with or changed under any
     circumstances.
8.   That in part-9 of the building bye laws the conditions for the creation and maintenance
     of basement area has been laid down essentially to ensure that no ground water should
     enter the basement area and there should be proper mechanical ventilation and no
     rooms like kitchen, bathroom and toilets but most of the basements in the area had
     massive water logging this monsoon which still continues in many units due to non-
     enforcing of the conditions by the development authorities like leakage of expansion
     joints, absence of basement ramp area covering, rain water pipe leakage due to inactive
     water harvesting system, absence or inoperative mechanical ventilators. The
     development authorities do not undertake any surprise checks nor do they cross check
     with the owners through public notice leading to weakening of the foundations of these
     structures and acute suffocation in the basement area.
     It is pertinent to mention here that a similar situation lead to the death of more than 67
     innocent lives in east Delhi recently.
9.   That the Building bylaws and the NBC clearly specifies the calculation to ascertain the
     number and capacity of lifts in relation to the height and population of the building. The
     rules also it mandatory to have atleast on fire lift per block but none of these are being
     provided on the ground. N.O.C from various departments are issued without the
     presence of these life saving lifts ‘saying it existed on the day of inspection’ and the
     completion certificates are issued by the development authority hiding behind these
     N.O.C leaving it impossible to fix the charges on any agency in case of accident or non-
     completion.
10. That there is large scale encroachment of the public land in the entire trans-hindon
    area, but action is being taken by the civic authorities leading to chocked municipal
    roads, drains and sewer. Unauthorised Commercial activity is being carried out in
    residential plots way above the permissible commercial activities like 5 small shops per
    1000 population in the ‘community shopping area’ but the authorities are permitting
    more than double the number of shops and also allowing conversions of such shops into
    BANQUET HALLS AND CONVENTION CENTRES to provide commercial gains to the
    promoters.
11. That Ghaziabad falls in the 4 sesmic zone as such the disaster management
    preparedness needs to be adequate whereas the area suffers from even the basic of
    infrastructure posing serious threat to the lives and property of lakhs of inhabitants of
    the area. No data regarding details of machines and infrastructure is made available to
    prove its sufficiency with the population of the area.
12. That car parkings are being sold and allotted in the FIRE ENGINE drive way by the
    promoters in Group housing schemes. Also the common passage area is being
    encroached by the promoter beyond the approved plan thereby blocking the ingress
    and egress area which is proving to be a great risk in case of need for emergency
    evacuation.
13. That the sewer of the area overflowed since the past 1 year and it became particularly
    acute leading to sewer water inundating the municipal roads and entered into houses of
    the low lying areas. The municipal authorities and development authorities continued to
    shift the blame on each other for the lack of adequate infrastructure to take care of the
    existing population. This persisting sewer problem has exposed the lack of unplanned
    sale of extra FAR in the area and the lack of infrastructure development to match the
    population growth leading to serious health hazard for the entire population.
14. That there is no co-ordination between the various departments of the state govt. which
    has lead to wastage of more than 600 crores of public money by way of laying
    underground cables immediately after completion of road construction and plantation
    etc. These are leaving the area under developed even though such developments are
    being shown on papers before the Auditors. No action is being taken against officials
    who are responsible for such wastage of public money.
15. That there is no transparency and accountability in the system. RTI replies are often
    vague and misleading resulting in shielding the wrong doers.
16. That the competent authority has not been appointed as per the requirement of the UP
    apartment ACT of 2010 in the past 7 months, as a result the owners are still facing
    hardship in the hands of Promoters and builders by way of creation of puppet RWA
    contrary to the terms of the ACT, refusal to hand over common assets and executing
    long term lease out the common property to its favoured third parties purely to
frustrate the enforcement of UP apartment ACT 2010. The authorities are not taking any
action against such illegal moves of the builder inspite of representations by the owners
and their RWA’s or to designate the competent authority so that the Act can be
enforced as conceived.
It is pertinent to mention that this delay in appointing the ‘competent authority’ will
make it impossible to implement the ACT in its true spirit and will lead to only litigations
unless corrective orders like original/first registered RWA to be only given legal
recognition in a demarcated area sharing common assets, any agreement or MOU in
contravention of the ACT after its enactment shall be null and void are passed by the
highest authority.

The applicant may be permitted to present its case and bring in new facts and issues in
this context as and when it arises in future. I am writing to you with the last hope to
save the innocent people of the area was we have exhausted all remedies due to the
persisting indifference at the hand of the authorities being served with a copy of this
petition.

1. GDA and AWAS vikas including others departments be issued notice in this matter.
2. Appoint an independent & credible agency to undertake a detailed survey of the
   unauthorized constructions made beyond the original plan and building byelaws
   both compounded and uncompounded and take necessary action.
3. Strict action may be taken against the erring officials, builders and others
4. Direct strict enforcement of UP building byelaws, extra FAR allotment, compounding
   provisions and other acts in respect of the provisions of the master plan.
5. Direct the CAG to furnish a report on the past 10 years audited account in reference
   to the allegations made herein.
6. Direct the authorities to make available plot wise the digitized copy of the
   completion plan, certificates etc. in the official govt. website.
7. Direct the appropriate authority to appoint the ‘Competent Authority’ and pass such
   orders so that no steps could be taken by the vested interest to frustrate the UP
   Apartment Act 2010.
8. Any order/orders as you may deem fit.

				
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