Occupancy certificates without STPs? High Court seeks report on Lotus Boulevard
The order, issued on July 7, came in response to a petition filed by the society's apartment owners' association, which claimed that the mandatory sewage treatment plants (STPs) were not fully functional when the certificates were issued.
The bench of Justices Mahesh Chandra Tripathi and Vinod Diwakar has asked the Authority CEO to file the affidavit by the next date of hearing on July 16. The report must clarify several issues, such as the number of STPs that were required to be built at the time occupancy certificates were issued in 2012 and 2016.
It should also provide details of each of these STPs constructed by the builder, including the dates when they were handed over and the stages of completion before the certificates were granted.
This would ascertain if the developer — Granite Gate Properties — had adhered to the building bylaws and environmental guidelines.
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The HC also demanded a thorough account of the current condition of all STPs in the society, specifying both their number and capacity.
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The affidavit must name the officials responsible for verifying the infrastructure before granting occupancy certificates for each tower. It should also mention any remedial measures the Authority or the resolution professional initiated to rectify deficiencies, if any, in the STP network.
The AOA also alleged that several Authority officials — in collusion with the builder — issued occupancy certificates for multiple towers without ensuring the construction of four mandatory STPs.
According to the petition, only "one and a half STPs were partly built" when the certificates were issued — first for towers 1-7 in Aug 2012, and later for towers 8-10, 12, 12A, and 14-27 in March 2016.
The Authority has denied these allegations, claiming that all approvals were granted in compliance with building bylaws and environmental norms. The legal scrutiny comes at a time the Authority has initiated a broader crackdown on housing societies with non-functional STPs.
Since April this year, several societies have faced FIRs under environmental laws and fines ranging from Rs 12 lakh to Rs 30 lakh for discharging untreated sewage into stormwater drains.
The enforcement drive has affected multiple properties, such as RG Residency, Lotus Panache, Sikka Karmik, Purvanchal Royal Park, Aims Max Gardenia, Prateek Stylome, and Amrapali Silicon City. The Authority has even sought the cancellation of registrations for some societies and filed police complaints against others, including Supertech Cape Town's AOA.
The HC, however, stayed any action against RG Residency in May. A recent Right to Information query has revealed that 43 group housing societies in Noida lack the mandatory 'consent to operate' for their STPs.
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