The Consumer Disputes Redressal Commission, Uttar Pradesh, in a landmark judicial pronouncement, has come down heavily on Experion Developers Pvt. Ltd. for carrying out illegal constructions and engaging in activities that threaten the privacy and security of prominent institutions such as the Hon’ble High Court, Lucknow Bench, and the Indira Gandhi Pratishthan.
The complaint, filed by Smt. Prema Sinha, a resident of Tower-3 at Experion Capital, Vibhuti Khand, Lucknow, represented by their Counsels Shri Manu Dixit and Shri Saurabh Singh, highlighted several grievances against the developer. The complainant alleged that the builder not only deviated from the approved construction plans but also encroached upon spaces meant for senior citizens, children, and community purposes.
The Chairperson of the Learned State Consumer Dispute Redressal Commission, Justice Ashok Kumar, was particularly alarmed by the allotment of the society’s community center to a commercial establishment—allegedly a bar and restaurant named “Chica Loca by Sunny Leone.” This unauthorized activity, the court observed, created a permanent nuisance for the residents and posed a security threat to the neighboring High Court premises and Indira Gandhi Pratishthan, which hosts high-profile national and state events attended by dignitaries, including the Hon’ble President and Prime Minister of India.*
Justice Ashok Kumar, presiding over the matter, expressed dismay at the Lucknow Development Authority’s (LDA) approval of such a controversial project and change in the sanctioned map, which is in utter violation of Section 14 of the RERA Act, 2016, and Section 4(4) of the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010. He also pointed out violations of fire safety norms and the Environmental Assessment Report. He remarked that the proximity of the construction to the High Court compromised its privacy and dignity, while the illegal alterations jeopardized the safety of residents and attendees of high-profile functions.
The court’s directives include:
– Immediate cessation of any construction in violation of the sanctioned plan.
– Restoration of encroached areas, particularly spaces meant for senior citizens and children.
– Submission of an undertaking by the developers within seven days, ensuring strict compliance with the court’s orders. Non-compliance would result in demolition orders for the unauthorized structures, such as obstructions on the pathway for fire tenders and fire exits, which have previously resulted in multiple major mishaps in the state.
Justice Kumar also directed the complainant to serve a certified copy of the order to the Vice Chairman and Secretary of the Lucknow Development Authority, mandating them to enforce the directions. The matter has been listed for further hearing on February 19, 2025, with a warning that failure to comply with the orders would invite stringent legal consequences.
This landmark ruling by Justice Ashok Kumar serves as a stern reminder to developers and urban authorities about their responsibility to adhere to approved plans and prioritize public safety and convenience over commercial interests. It reaffirms the judiciary’s commitment to upholding the rule of law and protecting the rights of residents.
