Neutral Citation No. - 2025:AHC:79041-DB Court No. - 21 Case :- WRIT - C No. - 31346 of 2024 Petitioner :- White Orchid Apartment Owners Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishi Kant Rai Counsel for Respondent :- Anjali Upadhya,C.S.C.,Kaushalendra Nath Singh,Shiv Sagar Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Rishi Kant Rai, learned counsel for the petitioner, Shri Rakesh Pande, learned Senior Counsel assisted by Shir Shiv Sagar Singh, learned counsel for respondent no.3 and Shri K.N. Singh, learned counsel for respondent no.2. 2. The present writ petition has been filed for the following relief: "i. Issue appropriate writ, order or direction in the nature of mandamus directing the Respondent No.2 and Respondent No.3, builder for taking necessary steps for the grant of Occupancy Certificate of the Tower 2 of the White Orchid Society and the Registry of the flats of Tower 2 to be completed in a time bound manner;" 3. In compliance of the previous order dated 21.03.2025, it seems that a meeting was called by the Additional Chief Executive Officer (Builders), Greater NOIDA and in the said meeting various issues were discussed and finally with the intervention of Greater NOIDA, the parties agreed to certain terms and conditions. 4. In the written instructions supplied by Manager, (Builders), Greater NOIDA, the stand taken is that the parties agreed to the following terms and conditions: "1. That the Developer/Builder (Respondent No.3) will deposit 75% of the outstanding dues of the GNIDA i.e., 1,47,72,947/- (Rupees One Crore Forty-Seven Lacs Seventy-Two Thousand Nine Hundred and Forty-Seven only) within one week from the date of signing the MOU; 2. That the Developers will get the Audit Inspection of the Society within one month from the date of signing the MOU; 3. That after completion of the Audit Inspection, the Builder will complete the pending work of the society including STP installation, Firefighting installation, pending Civil Constructions, DG set installation, etc. within 3 months from the date of signing the MOU; 4. Thereafter, within one month, the builder will obtain all NOCs including Fire NOC, STP, etc., so that builder may apply for Occupancy Certificate of Tower-2 from the GNIDA; 5. That in order to complete the work mentioned herein above, the Petitioner AOA will provide the office space to the representatives of the builder from 8:00 am to 8:00 pm and also assist them in completing the assigned work." 5. It is also stated in the written instructions that the Authority had requested the parties to come and sign the agreed terms and conditions in the office of the Authority on 08.04.2025. On the said date, the representative of the builder was present but none was present on behalf of the petitioner-Association. Again, the Authority vide letter dated 08.04.2025 informed the parties to remain present in the office on 11.04.2025. On the said date, the parties came to the office of the Authority but representatives of AOA submitted their own MoU having different terms and conditions and refused to honour the commitments made in the meeting dated 07.04.2025. 6. On query made by the court to Shri Rishi Kant Rai, learned counsel for the petitioner as to which term and condition of the proposed MoU prepared by the Authority is unacceptable to the petitioner and why it was not signed by the representative of the petitioner-Association, he states that there is no possible objection to the MoU produced by the respondent-Authority. He states that the representative of the petitioner-Association will sign the same and will abide by the terms and conditions of the MoU. 7. Shri Rishi Kant Rai, learned counsel for the petitioner further submits that the builder should complete all formalities within time-frame stipulated in the proposed MoU i.e., three months from the date of signing of the MoU and the Authority should grant occupancy certificate within next one month. He further states that the representative of the petitioner-Association will remain present in the office of the respondent-Authority on 19th May, 2025 to sign the MoU and the said date be treated as the date for start of time-line prescribed under the proposed MoU. 8. Learned counsel appearing on behalf of the respondent-Authority as well as the builder are agreeable to the above submissions. 9. Accordingly, we dispose of the instant petition in terms of the proposed MoU reproduced above. The parties shall abide by the stipulations contained therein. 10. In the end, Shri Rishi Kant Rai, learned counsel for the petitioner submits that in view of order of Greater NOIDA dated 08.05.2024, the builder was required to refund the Interest Free Maintenance Security (IFMS) within thirty days from the date of order. The builder challenged the same by filing Writ-C No.674 of 2025 (M/S Town Park Buildcon Private Limited vs. State Of U.P. And 2 Others), however, the writ petition was withdrawn and, therefore, the said order has become final, but the aforesaid amount has not been transferred to AOA so far. 11. Shri Rakesh Pande, learned Senior Counsel assisted by Shir Shiv Sagar Singh appearing on behalf of the builder states that the said amount will be returned to the petitioner-Association on or before the 90th day from the day the MoU is executed between the parties, which would be 19th of May, 2025. The same is acceptable to learned counsel for the petitioner. The agreement between the parties in this regard is recorded and accepted. Parties shall act accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad