The legal fight between the Exotica Condominium Owners Association (ECOA) and Parsvnath builders is increasingly becoming complicated with the RWA now filing a case of perjury against the builder, for misleading a city court and making a false statement regarding the construction of a new tower (A3) that has being wrongly labelled as ‘EWS’. Pooja Aganpal, lawyer for the RWA, says that they have given evidence in the form of photos, maps and even the sales brochure, of a tower that is being constructed on land that was meant for the Economically Weaker Sections (EWS). Although the builder claims that this is a just a change in nomenclature, the ECOA lawyer says that this is being stated to mislead the stakeholders. A large number of flats in the tower have been booked by people for substantial amounts. “An EWS flat cannot have five bedrooms, and it won’t have a swimming pool dedicated to the tower,” asserts Aganpal. While the builder has reiterated that the flats under construction are meant for the EWS, the RWA does not agree. ECOA says that it has obtained the original sanctioned plans and maps from the DTCP, and it is clear that Tower A3 is being constructed on the plot of land meant for EWS, and the housing for the weaker sections has been conveniently moved. “This additional construction, without any sanction, will mean that there will be more pressure on the infrastructure and common areas of the condominium. The percentage of ownership in the property, of the original owners, will also be negatively affected,” asserts Aganpal. She adds that the developer, in a previous hearing in the court, had said that they are not building any new tower but have just changed the nomenclature – renaming EWS as A3! Aganpal states that they have filed a case of perjury because the developer is trying to mislead the court. She informs that as per the original sanctioned plan there were to be only 15 towers in this complex, but three more were added illegally in the brochure. The next date of hearing in this case has been fixed for the 25th. of November.
In a related development, the Exotica Condominium Owners Association has also sent notices to the developer, DTCP and a company running an imported car showroom in the area (which was basically earmarked for convenience shopping purposes for the condominium residents). Aganpal says that the land meant for the shopping store was sold to GSA International for the setting up of a convenience store; and this was then subsequently sold to RS Business Solutions. The (last mentioned) company has instead started a car showroom and has also closed off one of the gates of the condominium, to build a separate ‘parking space’. Aganpal says that this is a clear violation of the Licence agreement as well as the Haryana Apartment Ownership Act, 1983. It also violates the sale and conveyance deeds, which make it clear that the owner should not use the shop, or permit it to be used, for any purpose that causes nuisance to flat owners or other shopkeepers. The RWA has also approached the police authorities to protest against the delay in the construction and delivery of apartments to the owners, who have been waiting for years. The builder meanwhile maintains that it has sold the ‘shop’ to the past owners, and has followed all norms and regulations.
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