SUNEET KUMAR, J. - (1.) THE petitioner claims to be the recognized Resident Welfare Association (RWA) of Emerald Court Group Housing Society and by means of this writ petition the petitioner seeks inter alia the following reliefs: - i.Issue a writ, order or direction quashing the revised plan approved by respondent 2 for construction of new towers namely Tower 'APEX' and 'CEYANE' in plot no. 4, Sector 93-A, and issue further directions for demolishing of aforesaid towers, the approval and construction being in complete violation of provisions of U.P. Apartments Act of 2010. ii.Issue a writ, order or direction directing the Respondent 2 not to sanction amendments to any further building plans in respect of the Group Housing Society being developed by respondent 5 without obtaining consent of all the residents. iii.Issue a writ, order or direction quashing the permission granted to respondent 5 to link Tower T -1 and T 'APEX' / 'CEYANCE' through space frame. iv. Issue a writ, order or direction directing respondents 2 and 3 to ensure that fire safety equipment and infrastructure is installed at the expenses of respondent 5 within a specified period. v.Issue a writ, order or direction directing respondent 2 to demolish illegal construction made in the basement and setback area as per notice dated 19.06.2012 and 17.07.2012. vi. Issue a writ or direction directing respondent no. 2 and 5 to provide car parking spaces (both above ground and in the basement) as per the provisions of the NBC 2005 to all the legal allottees/residents of Supertech Emerald Court Complex, plot 4, Section 93 -A NOIDA.
(2.) THE petitioner has pressed reliefs no. 1 and 3. The other reliefs being disputed question of fact was not pressed by the petitioner. The respondent no. 2, New Okhla Industrial Development Authority (herein after referred to as NOIDA Authority) is an authority, constituted under Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976, whereas respondent no. 5 Supertech Ltd. is a company registered under the Companies Act and is the developer of Group Housing Society of which the petitioner association are residents.
(3.) THE facts briefly is, that the respondent company was allotted, a part of Plot No. 4 measuring 48,263.00 sq.m. situated in Sector 93 -A, by the NOIDA Authority on 23.11.2004 for development of Emerald Court Group Housing Society. The NOIDA Authority vide approval dated 20.6.2005 sanctioned the layout plan on the aforementioned plot. The NOIDA Authority vide supplementary lease deed dated 21.6.2006 allotted an additional area of 6,556.51 Sq.m. of the same plot, increasing the total area of the plot to 54,819.51 Sq.m. The sanctioned map was accordingly revised and it was proposed to built a shopping centre Ground plus one floor (G + 1) and a building block Ground plus eleven floors (G + 11) on the additional leased area. The NOIDA Authority accorded sanction on 29.12.2006.;