Around year 1995, approx. 900 flats complex was built for Senior Citizens in Greater Noida, UP. The land was obtained from the Authority on a highly discounted price. The lease agreement is signed between the Builder and the Authority. Very lucrative advertisements were given by the buyer and the buyers were provided with a detailed brochure certifying lot of facilities. Going through the brochure, everyone got interest and the flats sold like hot cakes within a few years.
Few years passed, there were no talk of registration of flats. Suddenly, residents came to know that though the flats were given possession of their flats, there were no facilities, even the given facilities like power back up were withdrawn and the total funds were transferred by the builder to his other bank accounts. Residents filed a court case. The Society registration was cancelled. Again the builder got the registration cleared. Many years passed, neither the Govt, nor the Authority is interested in getting the flats registered. Residents also came to know that the builder expired due to illness. A delegation of residents met Vice Chairman of the Authority, who turned them out, saying he does not identify them being not a party to the lease agreement, which was between the Authority and the Builder.
Commercially, sales purchase of these flats continues under power of attorney and other fictitious documents. All residents have the possession letter given on the letter head of the builder.
Can someone inform the legality of the residents? Is it not the duty of the Authority to register each and every flat of the Society, being in the area of the Authority, land given by the Authority and since the Builder has died. Is it possible that on any day the Authority can vacate the premises due to non-registration of the flats. Can anybody suggest a legal solution to this problem. The residents are mostly senior citizens, many original allotees have expired.
Is is advisable to file a PIL in any higher court.
