NOIDA: The UP government has dismissed a review petition challenging the Noida Authority’s decision to grant additional floor area ratio (FAR) to a property developer in Sector 107.
The petition was filed by Great Value Sharanam Apartment Owners Association (AOA) against Great Value Projects India Ltd.
In an order dated October 27, Additional Chief Secretary (Industrial Development Department) Alok Kumar held that the application filed under the UP Apartment (Promotion of Construction, Ownership & Maintenance) Act was not maintainable, noting that the impugned orders were passed under the UP Industrial Area Development Act.
AOA had sought to set aside the Noida Authority orders dated December 19, 2024 and June 11, 2025, allowing the developer – Great Value Projects India Ltd – to purchase additional FAR and undertake additional construction in the Sector 107 residential complex.
The government order stated that the association had earlier approached the Allahabad High Court, which refused to entertain the petition but directed that the pending review be decided by the state government after hearing all parties. As directed by the court, hearings were held on September 8, 22 and October 9 and rejoinders were filed by both parties.
During the proceedings, the developer raised preliminary objections arguing that the revision was “not maintainable” under the UP Apartment Act, 2010 as the impugned orders were issued under the UP Industrial Area Development Act, 1976 (UPIDA).
It argued that the association’s consent was invalid because only 91 members signed the resolution, which did not meet the 30% quorum required under the bylaws, making the petition legally untenable.
The builder also pointed out that a similar case filed by residents of the same complex was dismissed by the revision authority in 2017, terming the present petition frivolous and an attempt to hamper legal construction.
In response to the developer’s objections, the association argued that it was only formed in 2021, after the previous case from 2017, and was therefore not bound by that decision.
The association claimed that the revision was valid under Section 27(3) of the UP Apartment Act as the orders of the Noida Authority were passed by the competent authority defined in the Act.
It argued that the purchase of additional FAR constitutes a collective property right of apartment owners and cannot be used by the developer without the consent of the majority through a valid resolution.
On the issue of quorum, the association said the authorization resolution was passed at an adjourned meeting where the 30% quorum rule did not apply.
However, the developer refuted this, arguing that no announcement or agenda for the first meeting had been issued and that more than 1,000 residents supported the additional FAR, while the revisionists represented only a small minority.
After examining the file, the Additional Chief Secretary noted that before issuing the impugned orders, the Authority obtained consent from 1,165 flat owners for purchase of additional FAR while 429 flat owners objected.
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