The Supreme Court, on Thursday, declined to entertain a writ petition filed under Article 32 of the Constitution, concerning alleged illegal revisions to a building layout plan in the Palm Olympia housing society, Greater Noida, directing instead that the matter be pursued in accordance with prior orders of the Allahabad High Court.
The petitioner alleged that the builder had obtained successive revisions to the sanctioned layout plan, first on 8 July 2013 and subsequently on 1 May 2023, without the consent of homebuyers, thereby reducing green areas and affecting the rights of approximately 1,672 flat owners. The plea sought directions to halt construction, restore the original layout plan dated 28 January 2011, and ensure compliance with earlier judicial orders.
During the hearing, the Bench of Chief Justice of India, Justice Surya Kant,Justice Joymalya Bagchi, and Justice Vipul M. Pancholi questioned the maintainability of the petition under Article 32. “Why can’t you go to the High Court? There is already an order,” the Court remarked, noting that the Allahabad High Court had previously disposed of a related matter on 22 May 2025, granting liberty to the homebuyers to submit representations before the Greater Noida Industrial Development Authority (GNIDA).
The petitioner contended that GNIDA had failed to comply with the High Court’s directions and had not passed a reasoned order on the representation. However, the Supreme Court observed that alleged non-compliance with a High Court order cannot automatically justify invoking Article 32 jurisdiction.
“As the facts would speak for themselves, the non-compliance of the High Court’s directions may not be a valid ground to entertain a petition under Article 32 of the Constitution,” the Bench noted.
At the same time, the Court underscored the responsibility of the development authority to address homebuyers’ grievances. It directed the Chief Executive Officer of GNIDA to hear the Apartment Owners’ Association and pass a reasoned (“speaking”) order within six weeks.
The Court further warned that failure to comply would invite consequences.
“If GNIDA fails to do so, we direct the Registrar General of the Allahabad High Court to place the matter before the Chief Justice for initiating appropriate contempt proceedings against the Chief Executive Officer,” the Bench ordered.
In a brief interjection, the petitioner also raised concerns regarding alleged dog bite incidents in the society and sought to place the Animal Welfare Board of India (AWBI) guidelines on record. The Court, however, declined to entertain that issue in the present proceedings, advising that it be raised before the appropriate bench.
The petition was accordingly disposed of.