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Amrapali home buyers object to sale of commercial space in housing projects

The buyers have claimed that the permission to host commercial shops flouts the basic rule that only 1% of the floor area ratio will be allowed for a convenience store.

Sep 25, 2019, 12.21 PM IST
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In all Amrapali projects, a large number of commercial areas have been sold.
(This story originally appeared in on Sep 24, 2019)
NOIDA: Even as the Supreme Court-appointed receiver has started the process for tripartite agreements for Amrapali buyers, a section of them has objected to the sale of commercial space violating building laws in almost all housing projects of the embattled developer. Though the court is yet to give a final order on the issue, receiver R Venkatramani has asked the Noida and Greater Noida authorities to maintain status quo on all such commercial properties till the judges take a call.

The Amrapali buyers have claimed that the permission to host commercial shops flouts the basic rule that only 1% of the floor area ratio (FAR) will be allowed for a convenience store in a housing society for residents only. “But in all Amrapali projects, a large number of commercial areas have been sold, which would affect the safety and sanctity of the residential complexes. So, we have requested the court to check the FAR allocation for these commercial activities and then grant registration to them,” said Joginder Singh, a resident of Amrapali Zodiac.

Another buyer in Sapphire I, Ravi Kant, said, “Common areas have to be ultimately handed over to the association of allottees or competent authorities. Thus any sublease, alienation or transfer effected by the promoter of the common areas as defined in Real Estate Regulatory Authority (RERA) and otherwise reserved under the plan shall be void and inoperative. The sublease deeds of Amrapali violates the laws of Rera, the Noida Building Bylaws 2010. However, the most important issue in hand is that of the homebuyers.”

Venkatramani has, meanwhile, asked the authorities to maintain status quo on all such commercial properties of Amrapali till the top court gives an order. “I will bring this matter to the notice of the court and therefore be advisable that we maintain status quo to all commercial properties without taking any action adverse to them,” the receiver wrote to the Noida and Greater Noida authorities.

On July 23, the court removed the Amrapali group from its housing projects, cancelling its registration and land lease deeds, and took control by appointing a receiver and asked NBCC to complete the projects. The court had also directed Noida and Greater Noida authorities to issue completion certificate and execute the tripartite agreement within one month in projects where homebuyers are residing and directed water and electricity supply be provided. Of its 49,000 flats in multiple projects, some 14,000 are currently occupied by homebuyers.

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