RERA Orders Aziagaya Developers to Hand Over Club and Common Facilities to Association
Uttar Pradesh Real Estate Regulatory Authority (RERA) has issued a landmark order against Aziagaya Developers, mandating the handover of club and common facilities to the buyers' association in Lucknow.
ReraAziagaya DevelopersAzea BotanicaReal EstateBuyers AssociationReal Estate NewsOct 11, 2025
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.
Frequently Asked Questions
What is the RERA decision regarding Aziagaya Developers?
RERA has ordered Aziagaya Developers to hand over control of the club house and common facilities to the Azea Botanica Apartment Buyers Association. The developer cannot claim private ownership or commercial use of these areas.
Why did the Azea Botanica Apartment Buyers Association file a complaint?
The association filed a complaint because the developer attempted to retain possession of the club house and other common amenities by declaring them as 'independent areas' without the buyers' consent and making unauthorized changes to the layout plan.
What are the key findings of the RERA investigation?
The RERA investigation found that the developer's actions were against the law and a clear violation of buyers' rights. The developer cannot commercially use the common areas or claim ownership over them.
What additional actions has RERA taken against Aziagaya Developers?
RERA has initiated punitive action under Section 61 against Aziagaya Developers for violating the RERA Act, 2016, and the Uttar Pradesh Apartment Act, 2010. No promoter will be allowed to control or commercialize the common areas of a project in the future.
How does this decision impact the real estate industry?
This decision is a significant win for homebuyers and sends a strong message to the real estate industry. It ensures that developers adhere to the rules and regulations designed to protect the interests of buyers, and it sets a precedent for similar cases.
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