HC restrains housing project owner, builder from cancelling allotment

The Delhi High Court today restrained the owner and builder of a housing project in Dwarka from cancelling the allotment of home buyers who have not taken possession of flats alleging that they lack even the basic amenities.

Justice V Kameswar Rao restrained Uppal Housing Pvt Ltd, on whose land the complex is built, and Umang Realtech Pvt Ltd, the developer, till July 6 from cancelling the allotment of these home buyers.

The housing project Winter Hills is located next to Dwarka Mor Metro Station in south west Delhi.

Advocate Sanam Siddiqui, appearing for the home buyers who have alleged that they are being forced to move into the flats, submitted that the website of RERA (Delhi) does not state that the developer has received registration number and alleged that it was a clear case where the "developer was acting with impunity and the state authorities were helping him".

During the hearing, the court said that at this stage it was not going into the issue of staying the advertisement issued by the developer in newspapers that it was in receipt of RERA registration number.

The high court in February had issued notice to the South Delhi Municipal Corporation, Real Estate Regulatory Authority (RERA), Umang Realtech Pvt Ltd and Uppal Housing Pvt Ltd seeking their response on the petition which has sought direction to quash the occupancy certificate issued by the civic body.

The plea claimed that the home buyers who have taken possession are facing problems due to lack of basic amenities and necessary facilities, including electricity and water.

It said that the project has been launched thrice -- 2006, 2009 and 2011 -- and most of the home buyers booked the flats in 2011 and were promised delivery in 2014.

However, the project was not completed by 2014, and while the home buyers waited for delivery of their apartments, they found certain discrepancies, it claimed.

The home buyers said the authorities are not willing to provide them documents relating to clearances which the project has received.