Neutral Citation No. - 2025:AHC:87173-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 241) Court No. - 21 Case :- WRIT - C No. - 23332 of 2024 Petitioner :- Kamal Ahuja And 6 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Abhishek Misra,Krishna Mohan Misra,Namit Srivastava,Parul Srivastava Counsel for Respondent :- Anjali Upadhya,C.S.C.,Kartikeya Saran,Suchita Mehrotra,Vineet Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri H.R. Mishra, learned Senior Counsel assisted by Sri Namit Srivastava and Sri K.M. Misra, learned counsel for the petitioners, Sri Anil Kaushik, learned Senior Counsel assisted by Sri Kartikeya Saran, Sri Mayank Gautam and Ms. Suchita Mehrotra on behalf of respondent no. 4, Sri Vineet Pandey and Sri A.B.Singhal, learned counsel for respondent no. 2 and learned Standing Counsel for the State-respondents. 2. The petitioners claim to be owners of different flats in Palm Olympia Society, Greater Noida, Gautam Budh Nagar through different sale deeds executed in their favour by respondent no. 4 or by the original allottees. The petitioners have raised grievances in respect of revision of building plan/layout plan of the subsequent phases of the project vide order dated 1.5.2023. The petitioners inter alia allege that the respondent-Development Authority could not have permitted amendment in the original building plan/layout plan and they also allege various other deficiencies in services on part of respondent no. 4. 3. The prayers made in the instant writ petition are as follows:- "i. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 the competent authority to ensure that the revise map dated 01.05.2023 and the sanction letter dated 01.05.2023 issued by the Greater Noida Industrial Development Authority is in accordance with the U.P.Apartments Act 2010 and further to take strict action against the violators of section 14 (5) read with section 4 (6) of the U.P. Apartments Act of 2010 as amended in 2016. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 the competent authority to endure strict compliance of the provisions of the U.P. Apartments Act 2010 within a fixe time or initiate action against section 25 of the U.P. Apartments Act 2010 for violating the Rules. iii. Issue a writ, order or direction in the nature of certiorari calling for the record of the case and quashing the impugned revised map dated 01.05.2023 and sanction letter dated 01.05.2023 issued by Greater Noida Industrial Development Authority being in violation of the U.P. Apartments Act 2010." 4. Pleadings have been exchanged between the parties and the matter has been heard at length. 5. Learned counsel for the parties after the matter has been heard at length have arrived at a consensus that the petitioners may be permitted to file objections in respect of their grievances before the respondent-Development Authority, being the Competent Authority as per Section 27 of the U.P. Apartment (Promotion of Construction, Ownership And Maintenance) Act, 2010 and the Development Authority be directed to decide the same after affording opportunity of hearing to the petitioners, Apartment Owners Association, as well as respondent no. 4. 6. In view of the said consensus between the parties, without expressing any opinion on merits, the petition is disposed of by providing that the petitioners may file objection/representation before the respondent no. 2-Development Authority within two weeks along with true attested copy of the instant order and in which event, the respondent-Development Authority would examine all the issues and pass a speaking order after affording opportunity of hearing to the petitioners as well as AOA and respondent no. 4 within next ten weeks. Order Date :- 22.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad