The Allahabad High Court granted partial relief to home buyers in the stalled Grand Omaxe and Forest Spa residential projects developed by Omaxe Ltd., modifying an interim stay that had been in effect since 2018. The division bench, comprising Justice Manoj Kumar Gupta and Justice Anish Kumar Gupta, acted on a batch of writ petitions filed by over 30 home buyers seeking execution of sub-lease deeds, which had been withheld due to the builder’s unpaid dues to the NOIDA Development Authority.
The Court acknowledged the State Government’s recent initiative through a Government Order dated 21.12.2023, which allows stalled projects to revive upon partial deposit of dues. Omaxe Ltd. had deposited ₹93.46 crore (25% of outstanding dues), entitling it to the release of 170 flats. Further, during the hearing, the builder agreed to deposit an additional ₹25 crore, unlocking 50 more flats for sub-lease, effectively benefiting nearly all petitioners.
The Court directed that the execution of sub-lease deeds be initiated for the 220 released flats based on buyer allotment dates and builder agreements. It also empowered NOIDA’s CEO to resolve any disputes over entitlement swiftly and allowed substitution of eligible buyers if formalities were delayed. The interim order of 23.03.2018, which had restrained possession and completion certificates, was accordingly modified.
The Court also noted that in case any home buyer does not complete the formalities for extension of sub-lease within two weeks from the date he is informed, the next person in the list would be given chance to obtain sub-lease.
The matter is set to be reviewed again in the second week of July 2025, with the NOIDA Authority required to file a status report on implementation. The Court clarified that the current arrangement does not prejudice the merits of the parties’ claims, allowing the stalled projects a path toward revival while safeguarding home buyers’ rights.
Advocates appearing in the case:Â
Petitioner :- Nipun Singh
Respondent :- Ankit Singh,Anuj Srivastava,C.S.C.,Kaushalendra Nath Singh,Kunal Ravi Singh,Manjari Singh,Pankaj Dubey,Priyanka Midha,Raghuvansh Misra,Ram M. Kaushik,Shikhar Kaushal
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