HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11571 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel who appears on behalf of State-respondent and Sri Ajay Kumar Singh who has filed his power on behalf of respondent nos.2 & 3, which is taken on record. 2. This writ petition has been filed with the following prayers: "(i). issue a writ order or direction in the nature of mandamus commanding the respondent no. 1 to 3 to ensure the compliance of mandatory provisions contained under section 4, 12 & 13 of the U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 as well as ensure handing over the facility and common area of Apartment namely; Royal Lake View Apartment, Haibatmau Mawaiyya Rae-bareli Road, Lucknow to the registered Association of Apartment Owners for its management as per Section 14 of the Uttar Pradesh Apartment Act, 2010 within stipulated period; (ii). issue a writ order or direction in the nature of mandamus commanding the respondents no. 3 to take appropriate action against the 4 and 5 for not handing over the facility and common area of Apartment namely; Royal Lake View Apartment, Haibatmau Mawaiyya Rae-bareli Road, Lucknow to the registered Association of Apartment Owners and non compliance of mandatory provisions contained under Section 14 of the Uttar Pradesh Apartment Act, 2010 and for non getting completion certificate by completing mandatory formalities and for non completing of Versus Counsel for Petitioner(s) : Mahendra Kumar Dwivedi, Prem Shankar Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Royal Lake View Apartment, Flat Owners Welfare Society Lko. Thru. President And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Deptt. Of Urban Development Lko. And 4 Others .....Respondent(s) building despite repeated requests of association; iii). issue a writ order or direction in the nature of mandamus commanding the respondents no. 3 to take appropriate action against the officers/employees posted in the area for non action against the respondent no. 5 for violating mandatory provisions contained under Apartment Act and granted 33% additional purchasable FAR without having requisite land for grant of it." 3. It has been submitted by the learned counsel for the petitioners that the petitioner no.1 is a Apartment Owners Welfare Association constituted in pursuance of the provisions of Apartment Act, 2010 and registered under the Societies Registration Act. The promoter and builder of the Society, the opposite party nos.4 & 5 are not performing the statutory duties as given under the Apartment Act. Several representations have been made to the LDA but no heed has been paid and therefore, the petitioner has approached this Court with the aforesaid prayer. 4. Without entering into merits of the controversy, this petition is disposed of with the direction to the Vice Chairman, Lucknow Development Authority, Lucknow to look into the grievance of the petitioner and give opportunity of hearing to the builder and then pass appropriate order on alleged grievance of the petitioner regarding non-following of the Apartment Act and the Model Bye-Laws framed by the State Government thereunder. 5. It will be open for the petitioners to make a fresh representation to the Vice Chairman within ten days from today. If such a representation is made, the same shall be decided by a reasoned and speaking order after giving opportunity of hearing to all concerned, within a period of three months from the date of production of certified copy of this order. November 28, 2025 Abhishek Gupta WRIC No. 11571 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench