Noida authority to bring a new policy, may fine builders over layout violations

NOIDA: Call it the twin towers effect and the Supreme Court’s scathing criticism of its role.
The Noida Authority is considering bringing a policy next year to slap fines on developers who
deviate from approved layout plans and don’t adhere to building regulations.
The policy, according to sources, will classify the problems that homebuyers face into three
broad segments — complaints related to violations of building regulations, those on quality of
construction and the third on formation of AOAs and society elections.
In the first category, fines will be imposed on violators, in the second, the structural audit policy
will be invoked, for the third, a reconciliation cell headed by an additional CEO will be formed.
Sources told TOI that the proposal was presented before the Noida board on Wednesday and
directions were given to the Authority officials to seek a legal opinion on the same and present it
for approval in the next meeting.
For complaints related to violations of building regulations, such as construction of additional
floors, flats or shops and illegal structures in the park and parking lots, the Authority would issue
a notice to the builder to resolve the same within 30 days. If the complaint is not resolved within
30 days, a reminder would be issued giving another 30 days to redress the same.
“If the complaint is not resolved even after the reminder, a penalty of Rs 3 lakh per month is
being considered. In case, the amount is not deposited by the developer in the Authority’s fund,
the penalty amount will be added to the liabilities of the builder,” said an official. According to the
official, complaints about shops, built in the societies, causing traffic congestion in the area due
to a regular movement of people from outside are also common. “The main reason for this is the
lack of a compound wall in front of a project’s commercial area. We also get complaints about
construction of illegal parking lots. So, the need for the policy was felt.”
Complaints related to the quality of construction include leakage in the basement. “For this, a
structural audit could ensure necessary action,” the official said.
Currently, if the construction-related deficiencies are not removed by the builder even after a
reminder, then the unauthorised structures are demolished by the Authority or the sales office of
the builder is sealed. “In many cases, such action does not lead to the redress of a complaint.
So, a policy is the need of the hour,” said the officials.
Once the policy is approved, the reconciliation cell will also have a major role in resolving the
buyers-builders issues such as formation of AOAs and society elections. The cell will call a
meeting of the builder and AOA within 30 days from the date of receipt of a complaint. Both
sides will be heard and a time limit will be fixed for the resolution of the complaint with the
consent of all the parties.
“After the expiry of the deadline, again a meeting of all stakeholders will be called and the status
of the complaint will be assessed according to the time limit. In case, the issue is not resolved
by the builder or AOA, action will be taken against them as per the norms of the UP Apartment
Act,” the official said.