Plot No. 2/140A, Noida for IT/ITES sector

Plot No. 2/140A, Noida for IT/ITES sector www.infralive.com 32 Infra LIVE August 15, 2022 108,800 sqm for commercial usage, which is more than five times (500 per cent) the FAR for commercial spaces sanctioned by the Noida Authority. It made no efforts to limit the commercial FAR to the level specified in the lease deed or sanctioned plan, thereby endangering the interests of the consumers instead of protecting them. The above stated five commer- cial projects are being advertised by Bhutani Group and sold as com- mercial spaces to non-IT/ITES units whereas the same was to be given to only IT/ITES units for their captive use. The industrial plot was primarily meant for IT/ITES (IT Park) and under no circumstances the purpose of the allotment could be changed. This unilateral and illegal change has resulted in Rs 790 crore undue benefit to MDIPL, being the differential value of commercial property and indus- trial property as onMarch 31, 2020. Noida Authority should immedi- ately constitute a high-level committee to investigate as to how MDIPL/ Bhutani Group has got the five commercial projects registered with FAR of 108,800 sqm for commercial usage whereas they had approved a FAR of 21,600 sqm only for commercial usage in the sanctioned plan. Further, the Noida Authority should also enquire as to howMDIPL/ Bhutani Group were selling the commercial spaces for non-IT/ ITES sector clients in violation of the provisions of lease deed. Pending investiga- tion, Noida Authority should direct the allottee to stop the construction of the all five commercial projects with immediate effect. UP RERA should also investi- gate their process of registration to fix the responsibilities and pending completion of the investigation, they should direct the promoter to stop the project. SEIAA, UP should also call for explanation from the promoter and fix responsibilities for the lapses. for giving false information on affidavit. 7C. UP-RERA As per the terms of allotment, 75 per cent of the area was meant for IT/ITES. The lease deed stipulates that “lessee shall use the plot for setting up of IT/ITES only and for no other project. No change in project is permissible for any reasons whatsoever.” Further, the lessee shall not assign, relinquish, sub-let, transfer or part with the possession of any portion of demised land and/or create third party rights and building thereon except with prior written permis- sion of lessor. Bhutani Group proposed five commercial projects Cyberthum Phase A, B, E, H & II with RERA, UP on the same plot of land. UP RERA without examining the sanctioned plan and lease deed, registered these five commercial projects (see table-3B at pg 27) in Februar y 2019 wi th FAR o f Photograph of construction site taken on July 3, 2022