Neutral Citation No. - 2025:AHC:90423-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 38) Court No. - 21 Case :- WRIT - C No. - 6194 of 2025 Petitioner :- Ace City Apartment Owners Association (Regd.) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Shankar Yadav Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is an association of apartment owners of Ace City Housing Project developed by respondent no. 4. The petitioner association has several grievances regarding the disclosures made in the Deed of Declaration by respondent no. 4 and also alleged illegal possession over common areas by respondent no. 4. Consequently, the petitioner has prayed for direction to respondent no. 2 to pass a speaking order in relation to grievances of the petitioner association and to compel respondent no. 4 to correct the Deed of Declaration dated 12.8.2016 and also restrain respondent no. 4 from converting common area and facilities into private properties. 2. Ms. Anjali Upadhya, learned counsel for respondent- Development Authority submits that on 4.9.2023 the Authority issued notice to respondent no. 4 directing respondent no. 4 to remove certain illegal constructions made over the common areas. She does not have further instructions as regard actual action taken on basis of the said notice. She submits that the Authority will examine the entire grievance and will take appropriate decision. 3. A Division Bench of this Court in Writ Petition No. 33826 of 2012 (M/s. Designarch Infrastructure Pvt. Ltd. & another vs. Chairman, Ghaziabad Development Authority & others) has held that the Chief Executive Officer of the Industrial Development Authority would be the Competent Authority within the meaning of Rule 2(c) of the U.P. Apartment (Promotion of Ownership, Construction and Maintenance) Rules, 2011. 4. In view of the above, we dispose of the instant petition with direction to respondent no. 2-Chief Executive Officer, Greater Noida Industrial Development Authority to take a decision on the grievances of the petitioner association within a period of twelve weeks from the date of communication of the instant order along with a fresh representation after due notice and opportunity of hearing to the petitioner association as well as respondent no. 4. Order Date :- 27.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad