RERA Orders Aziagaya Developers to Hand Over Club and Common Facilities to Association

Uttar Pradesh Real Estate Regulatory Authority (RERA) has delivered a historic verdict against Aziagaya Developers Private Limited, located in the capital Lucknow. This decision is a significant win for the Azea Botanica Apartment Buyers Association, as RERA has ordered that the developer cannot claim private ownership or commercial use of the club and common facilities built in the project. This decision is considered crucial in strengthening buyers' rights in the real estate sector.

In this case, the Asia Botanica Apartment Buyers Association filed a complaint against the developer, alleging that they had attempted to retain possession of the club house and other common amenities by declaring them as 'independent areas' without the consent of the buyers. The association argued that the developer had made unauthorized changes to the layout plan, which was in violation of the law.

After a detailed investigation, the RERA tribunal found that the developer's actions were indeed against the law and a clear violation of buyers' rights. The order explicitly states that the promoter cannot commercially use these common areas or claim ownership over them. This decision is a significant step towards ensuring that buyers' legitimate rights are protected and that the management of common areas is transparent and fair.

The RERA bench has directed Aziagaya Developers to hand over actual control of the club house, common areas, and facilities to the apartment owners' association. Additionally, the developer has been ordered to provide the association with the original approved plans, maps, and records related to the entire project, including the common areas and facilities. This move is seen as a solid step towards restoring buyers' rights and ensuring that the management of these areas is under their control.

RERA has also acknowledged that Aziagaya Developers violated several rules, including the RERA Act, 2016, and the Uttar Pradesh Apartment Act, 2010. The authority has decided to initiate punitive action under Section 61 in this matter. RERA has clarified that in the future, no promoter will be allowed to control or commercialize the common areas of a project. This decision is not only a major relief for the residents of the Azea Botanica project but also sends a strong message to the entire real estate industry.

The operation and maintenance of the project's common areas, club, and facilities will now be completely under the association's control. This landmark decision by RERA is expected to set a precedent for similar cases and ensure that developers adhere to the rules and regulations designed to protect the interests of homebuyers.