Aims Green Avenue Welfare Association ... vs State Of Up And 4 Others

Headnote AI-drafted · Reviewed and approved

The petitioner, a Residents Welfare Association registered under the Societies Registration Act, filed a writ petition under Article 226 of the Constitution seeking a writ of mandamus directing the District Magistrate, Gautam Budh Nagar to decide its claim regarding maintenance of a lift installed in an apartment complex for use by flat owners. The Court noted that the project was still underway and no tripartite agreement between allottees, builder/developer, and RERA Authority had been placed on record.

The Court held that since the project was not yet completed and no tripartite agreement existed, the petitioner had an efficacious alternative remedy available before the RERA Authority. The petitioner was directed to approach the RERA Authority under Section 31 of the Real Estate (Regulation and Development) Act, 2016, to invoke the powers vested in the authority under Section 34 for compliance of obligations cast upon promoters.

The petition was disposed of with directions that if the petitioner filed an application before RERA within four weeks, the RERA Authority would proceed to decide and dispose of the matter within two months in accordance with law. The Court also noted that the petitioner could alternatively approach the District Magistrate under the U.P. Lifts and Escalators Act, 2024.

Catchwords: writ of mandamus · Residents Welfare Association · lift maintenance · apartment complex · RERA Authority · tripartite agreement · promoter obligations · alternative remedy · U.P. Lifts and Escalators Act