PETITION TO THE COMPETENT AUTHORITY & REGISTRAR

Request for Deferment of Registration of the Apartment Owners Association (AOA) of Purvanchal Royal City Until Statutory Rights of Allottees Are Fully Safeguarded

We, the undersigned residents and allottees of Purvanchal Royal City, respectfully submit this petition requesting the Competent Authority and the Registrar to defer the registration of the proposed Apartment Owners Association (AOA) until the statutory rights of allottees under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 are fully protected.

This petition is not intended to oppose the formation of an AOA. Rather, it seeks to ensure that the transfer of governance takes place only after due consideration of the legal rights of allottees and in complete compliance with the applicable statutory framework.

Grounds of the Petition

1. Defect Liability Period (DLP) for Phase II is Still Continuing

The Defect Liability Period (DLP) for Phase II has approximately three years remaining. Under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, the promoter remains legally responsible for rectifying structural defects, workmanship defects, defects in quality, provision of services and other obligations for five years from the date of handing over possession. This statutory responsibility continues during the DLP and should not, directly or indirectly, result in dilution of the rights available to allottees.

2. Protection of Allottees' Rights under RERA

Under Section 11 of RERA, the promoter continues to remain responsible for fulfilling obligations under the Act, the Rules, the Regulations and the Agreement for Sale. The transfer of management should not prejudice or weaken the statutory protections available to allottees during the period in which the promoter continues to have legal obligations.

3. Compliance with Section 14 of the Uttar Pradesh Apartment Act, 2010

Section 14 of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 provides that an Association of Apartment Owners shall be formed once the prescribed statutory conditions are fulfilled, including completion of the building together with infrastructure services and obtaining the Completion Certificate. Before granting registration, the Competent Authority should satisfy itself that all statutory requirements have been fulfilled in both letter and spirit and that the interests of allottees are adequately protected.

4. Governance Should Be Free from Individual Political Agendas

A permanent Apartment Owners Association should represent the collective interests of all residents. There is widespread concern amongst several allottees that the present process is being influenced by the personal or political agenda of certain individuals instead of focusing on the long-term welfare, transparency and harmonious governance of the society.

5. Larger Public Interest

Purvanchal Royal City comprises thousands of residents whose legal, financial and property interests will be governed by the proposed AOA for years to come. Such an important statutory body should be constituted only after ensuring complete transparency, broad-based participation and adequate protection of every allottee's rights.

Our Requests

We respectfully request the Competent Authority and the Registrar to:

1. Defer registration of the proposed Apartment Owners Association until they are satisfied that all statutory requirements under the Uttar Pradesh Apartment Act, 2010 have been fully complied with.

2. Ensure that registration does not adversely affect or dilute the statutory rights available to allottees under the Real Estate (Regulation and Development) Act, 2016, including the promoter's continuing obligations during the Defect Liability Period.

3. Independently examine whether the process adopted for formation of the AOA has been transparent, fair, representative and in the larger interest of all apartment owners.

4. Provide an opportunity for all concerned allottees to place their objections and representations before any final decision on registration is taken.

We respectfully submit that the objective of this petition is to strengthen lawful governance and to ensure that the Apartment Owners Association, when constituted, commands the confidence of the entire community while fully safeguarding the statutory rights of every allottee.

Submitted in the interest of justice, transparency, good governance and protection of the rights of all allottees of Purvanchal Royal City.