After more than a decade of legal and administrative uncertainty, the Allahabad High Court has issued a directive enabling long-pending flat registrations in Noida’s Grand Omaxe project. The order instructs the developer to clear outstanding dues owed to the Noida authority, thereby allowing the execution of tripartite sub-lease deeds required for registry.
The order came in response to a writ petition filed in 2018 by 30 allottees of the Grand Omaxe residential project, located in Sector 93B. These buyers, despite having paid the full cost of their flats and stamp duty as early as 2013, were unable to register their homes due to the developer’s failure to clear lease premium dues to the authority.
The bench, comprising Justices Manoj Kumar Gupta and Anish Kumar Gupta, passed the order after the developer committed to depositing an additional ₹25 crore with the Noida authority within two weeks. This payment, as noted in court, will allow 50 more flats to be released for registration.
According to submissions before the court, the developer had earlier deposited ₹93 crore under the Uttar Pradesh government’s 2023 rehabilitation policy for stalled real estate projects. This amount represented 25% of recalculated dues and enabled sub-leases to be executed for 170 flats. However, 678 units were still pending registry at that time. The Grand Omaxe development includes 1,320 flats across 22 towers. It was launched in 2008 and construction was largely completed by 2013, following a two-year delay.
Tarun Kapoor, one of the petitioners in the case, had been among the group of allottees seeking resolution since the legal process began. The petition highlighted the prolonged impact on buyers who, despite meeting all financial obligations, remained without legal ownership due to the developer’s payment default.
PVS Prakash, who earlier served as president of the Grand Omaxe Apartment Owners Association (AOA), had also flagged the delays and urged that responsibility be fixed on the developer for failing to clear dues that blocked registry for hundreds of residents.
In addition to Grand Omaxe, the case also affects the adjacent Forest Spa project—comprising three towers and 176 flats—located within the same land parcel. In 2021, the Forest Spa AOA filed a separate petition in the Allahabad High Court, seeking similar relief. Out of the 1,692 sanctioned flats across both projects (Grand Omaxe and Forest Spa), registries had been executed for only 1,014 flats prior to the latest court developments.
An interim order passed by the high court in March 2018 had earlier restricted the Noida authority from issuing completion or occupation certificates for certain other projects on the same parcel of land. While Grand Omaxe had received both its completion and occupation certificates, other towers still under construction were not granted approvals.
The court has now directed that registries proceed on the basis of buyer lists submitted by both the developer and the Forest Spa AOA. The Noida authority has confirmed that it will not withhold occupancy or other essential permissions once the ₹25 crore payment is received.
As per the court's instructions, any disputes over buyer eligibility are to be resolved by the Noida Authority’s CEO within one week. Buyers must complete the required formalities within two weeks thereafter. Failure to do so may result in exclusion from this round of registrations.
Image source- allahabadhighcourt.in
