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The Lucknow bench of the Allahabad High Court has dismissed four appeals by Gaursons Hi-Tech Infrastructure challenging decisions by the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) and the Real Estate Appellate Tribunal (REAT) in a dispute over delayed possession of commercial units at the Gaur City Centre project in Greater Noida West. The court refused to condone delays in filing by the developer, citing a lack of reasonable diligence and unsatisfactory explanations, and upheld the earlier directives in favour of shop buyers. The RERA orders require the developer to complete construction, obtain occupancy certificates, hand over possession, execute sale deeds and pay interest for delayed delivery. With the high court declining to interfere, the RERA directives have attained finality, clearing the way for buyers to pursue execution of relief orders and reinforcing the regulatory framework intended to protect purchaser interests.
The Allahabad High Court has upheld regulatory orders in favour of buyers of commercial units at the Gaur City Centre project in Greater Noida West, dismissing multiple appeals filed by developer Gaursons Hi-Tech Infrastructure Ltd. The Lucknow bench of the court declined to interfere with earlier decisions issued by the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) and the Real Estate Appellate Tribunal (REAT), according to court records and legal filings. Advertisement
The dispute originated when allottees who had booked shops at the Gaur City Centre development in Sector 4, Greater Noida West, did not receive possession within the contractual timelines. Under possession-linked payment plans, buyers had made upfront payments of between 30 per cent and 50 per cent of the total consideration, with the balance due on handover of possession. When the developer failed to deliver as promised, the allottees approached UP-RERA between 2021 and 2022 seeking enforcement of contractual rights.
UP-RERA conducted spot inspections and found that construction remained incomplete beyond stipulated deadlines. It directed the developer to complete the project in accordance with agreed timelines, obtain the necessary occupancy certificates, hand over possession, execute sale deeds and pay interest for delayed delivery at prescribed rates, subject to adjustment for any buyer overdues. The tribunal later upheld these directions when the developer challenged the regulator's orders.
Gaursons Hi-Tech then filed four separate appeals before the high court. In judgments delivered earlier this week, the court dismissed all of them as time-barred and lacking substantive grounds, citing a pattern of delays and explanations that it described as bald, unsupported and unsatisfactory. Justice Prashant Kumar noted that failure to show reasonable diligence in pursuing relief constrained the court's ability to relax limitation norms, emphasising that procedural deadlines cannot be excused merely as a matter of generosity.
With the dismissal of the appeals, the RERA and tribunal orders in favour of the shop buyers have attained finality. The decision effectively removes legal obstacles to execution of the regulatory directives, allowing affected allottees to pursue completion, possession and associated relief. Legal observers said the ruling reinforces the RERA framework's role in holding developers accountable for project delivery and protecting buyer interests in possession-linked commercial developments.
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