Bench appoints two Advocate Commissioners to verify claims of extra floors and 112 added flats at Gulmohur Greens, directs videography, cost-sharing, and police protection during inspection
The Allahabad High Court has ordered a detailed spot inspection of a large group housing project in Ghaziabad amid allegations that the builder carried out additional construction and obtained compounding for 112 extra flats without the consent of apartment owners, as required under the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010.
A division bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan passed the order in a writ petition filed by Suresh Chander and others, who challenged a compounding order dated 18 December 2024. The petitioners alleged that two additional floors had been added in Towers 16 to 19 and Towers 27 and 28 of the “Gulmohur Greens” project at Mohan Nagar, Ghaziabad, resulting in 112 additional units. They claimed that the construction was being carried out in towers already occupied by residents and posed a threat to life and liberty.
The petitioners argued that the compounding was illegal because mandatory consent of apartment owners had not been taken under Section 5(3)(a) of the 2010 Act. They also filed photographs along with a supplementary affidavit to support their claim that construction was underway while residents were living in the towers.
Since the respondents disputed the factual assertions, the High Court decided that the actual position at the site needed verification. The court noted that both sides had no objection to an inspection by an Advocate Commissioner. It therefore appointed two advocates, Sanjay Kumar Om and Prakhar Kumar Srivastava, as Advocate Commissioners to inspect the project on 19 and 20 September 2026.
The court directed the commissioners to examine the total number of towers, floors, flats on each floor, finished and unfinished flats, the status of construction in the disputed towers, and the location of flats sanctioned under the earlier compounding order of 13 January 2015 and the later order of 18 December 2024. They were also asked to verify whether the top two floors of Towers 16 to 19 were finished or still under construction.
To ensure an effective inspection, the bench ordered that the parties arrange first-class AC train or air travel, along with stay and local conveyance for the commissioners, with the expenses to be shared equally between the petitioners and respondent no. 3, the builder. The court fixed the fees of the commissioners at Rs. 1,00,000 and Rs. 50,000 respectively, to be paid by 18 September 2026.
The court further directed that the inspection be videographed and photographed, with digital copies provided to the commissioners. The builder was also asked to supply a clear copy of the sanctioned compounding map dated 18 December 2024 to assist identification of towers and structures. The commissioners were given freedom to decide the manner and timing of the inspection, while informing the parties 24 hours in advance.
The survey report is to be shared with the parties by 25 September 2026 and submitted before the court on the next hearing date. Any objections to the report may also be filed before that date.
Recognising the sensitivity of the dispute, the High Court directed the Ghaziabad Development Authority and the Commissioner of Police, Ghaziabad to provide full assistance and adequate security to the Advocate Commissioners during the inspection. The court also ordered production of the entire case record on the next date of hearing, fixed for 30 September 2026.
Bottom Line :
U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 - Dispute regarding alleged additional construction and compounding of 112 flats without consent of apartment owners - Where facts regarding additional floors and ongoing construction in occupied towers were disputed, High Court appointed two Advocate Commissioners for spot inspection, directed videography/photography, fixed fees and sharing of costs, and ordered Ghaziabad Development Authority and Commissioner of Police to provide assistance and security.
Statutory provision(s): Section 4(5), Section 5(3) of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010
Suresh Chander v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2982725
