The allottees’ association (AOA) of a Noida housing project in Sector 107 has moved the Allahabad High Court, challenging the developer’s plans to construct a new 46-storey tower in which the price of apartments will be increased. 7 crores. Homebuyers have protested against the Noida Authority’s order approving additional floor area ratio (FAR), enabling the developer to add towers despite objections from existing residents.
The AOA says the change in FAR changes each homeowner’s permanent share in the common areas, which legally requires written consent from all apartment owners.
The AOA approached the High Court after the Uttar Pradesh government rejected its revision petition against the Noida Authority order.
What was said in the October order
In its October 27, 2025 order, the state government said that since the FAR approval was granted under the UP Industrial Areas Development Act, 1976, it was excluded from the scope of the UP Apartments (Promotion of Construction, Ownership and Maintenance) Act, 2010, and hence the AOA’s challenge was not maintainable.
Also read: Noida: UP allows builder to expand Sector 107 realty project
On October 30, 2025, the Hindustan Times newspaper reported that the Uttar Pradesh government’s rejection of a petition filed by buyers has allowed realty firm Great Value Projects India Limited to expand and undertake new construction within its Sector 107 housing project.
The AOA had challenged the Noida Authority’s orders dated December 19, 2024 and June 11, 2025, alleging that the approval of additional floor area ratio allowing additional construction was granted illegally and without adequate consent of the residents.
The state government’s infrastructure and industrial development department has upheld the authority’s decision to grant additional FAR to the developer, giving the builder the go-ahead to construct additional towers on the vacant land parcel that was part of this realty project, reports said.
Vandana Tripathi, Additional Chief Executive Officer, Noida Authority, said, “The Uttar Pradesh government has rejected the objections raised by the home buyers and allowed the realty firm to continue with its development plans. We will take steps as per rules in this regard in view of the direction of the state government.”
In an order dated October 27, Alok Kumar, additional chief secretary, industrial development department, dismissed the AOA’s review petition, saying it was “not maintainable” under the UP Apartment Act, 2010.
The order clarified that the authority’s approval was issued as per the provisions of the UP Industrial Areas Development Act, 1976 and was made as per due procedure, the report said.
Home buyers approach Allahabad High Court against approval of new tower by Noida Authority
The AOA has argued before the Allahabad High Court that the additional FAR violates Section 5(3)(a) of the UP Apartment Act, which states that an apartment owner’s undivided share in common areas is a “perpetual right” and cannot be changed without the written consent of all the owners.
“It is argued by the counsel for the petitioner that under Section 5(3)(a) of the UP Apartments (Promotion of Construction, Ownership and Maintenance) Act, 2010, read with Rule 4 of the 2011 Rules made thereunder, the percentage of undivided interest of each apartment owner in the common area and facilities shall be of a permanent character, and shall not be changed without the written consent of all the apartment owners. Therefore, the consent of the apartment owners has been obtained by resolution in the meeting of the apartment owners. By majority vote, it would be necessary to purchase additional FAR…,” it noted.
Also read: Noida Authority’s co-developer policy for stalled real estate projects: Everything you need to know
“It is argued that at the time of presenting the application for purchase of additional FAR from respondent No. 4, respondent No. 6 did not have the consent of the majority of the home buyers, therefore, the grant of additional FAR under the order dated 19.12.2024 is not sustainable. It is further argued that the petitioner had filed its objection to the grant of additional purchase of FAR, which has not been dealt with at the time of passing the order dated 19.12.2024.” Mentioned in the document.
On November 18, Justice Arun Kumar said the matter “required consideration” and issued notice to all respondents, including the Noida Authority, the UP government and the developer. The court has given three weeks to file the counter affidavit and an additional week to the AOA to file its reply.
developer response
Great Value Realty said in a statement that it has confirmed the claims of any irregularities in the permission to build the additional towers. Mahamulya SharanamSector 107, Noida “are baseless and false.” All the documents, consent records and approvals submitted by us are duly verified and certified by the Industrial Development Department, Government of Uttar Pradesh and New Okhla Industrial Development Authority (Noida).
Official records clearly establish that 1,165 flat owners agreed to the purchase of additional FAR in 2024, confirming the overwhelming majority support. The developer said the applicants challenging the approval represent a minority within the Apartment Owners Association.
The Noida Authority provided additional FAR only after following due process, which included issuing public notices in national dailies, inviting objections and evaluating all the submissions. It said these steps were reaffirmed when the Uttar Pradesh government rejected the review petition while upholding the authority’s decision.
Furthermore, in the due diligence process adopted by the government authorities, AOA’s main challenge was found to be legally unfounded. The company said the AOA’s revision petition challenging the FAR approval was held “not maintainable” under the specific law (UP Apartment Act, 2010), indicating that the developer has followed the correct legal procedure.
“Great Value Realty continues to maintain full regulatory compliance across its portfolio, including securing RERA approval for ongoing projects and new towers. We have deep respect for the Honorable Allahabad High Court and all statutory authorities. Since the matter is sub-judice, we will refrain from further comment and have full faith in the judicial process.”
What is FAR, and the undivided share of existing residents
Floor Area Ratio (FAR) is the ratio of the total floor area of a building to the size of the land on which it is built. It is a zoning tool used by local governments to control development density and determine the maximum permissible built-up area on a plot of land.
Undivided share of land: When a home buyer buys an apartment, he is not just buying an attached unit; He is also acquiring a proportionate share of the land on which the building stands. This is called undivided share of land (UDS). An apartment owner’s UDS represents his ownership stake in the common areas of the project including lifts, lobbies, gardens, parking spaces and other shared amenities.
According to lawyer Venkat Rao, under the law, all flat owners have proportionate ownership in the common area and land under a project. For example, if a tower with 100 flats is built on one acre, each homeowner has an undivided proportionate share in that land. Once a home buyer signs the builder-buyer agreement based on the approved plan, the developer is required to inform them about any proposed changes and obtain their consent, especially if those changes affect green areas, increase the number of floors or towers, or change the buyer’s proportionate share in land and common amenities. A project originally divided among 100 owners becomes fundamentally different if it is expanded to 200; He explains that each allottee’s rights are effectively halved.
If, at the time of RERA registration, a developer clearly stipulates the land and specifies that the rights apply only to a particular tower and the land immediately below it, then such changes may be acceptable as they do not violate the rights of buyers. However, additional FAR usually involves more construction, additional floors, more apartments or even a completely new tower, and this can directly impact the rights and entitlements of existing buyers, Rao of Integrat Law told HT Real Estate.
He said courts have examined similar situations before. The Supertech Twin Towers case is a notable example of this. The Emerald Court RWA approached the Allahabad High Court in 2012 after finding that the developer had violated the Uttar Pradesh Apartment Owners Act, 2010.
In 2014, the Allahabad High Court ruled the towers illegal and ordered to demolish themBoth the Noida Authority and Supertech challenged the decision, but on August 31, 2021, the Supreme Court upheld the demolition order, The court found that the towers violated building rules and fire safety norms, and the garden area was removed without Consent of flat ownersDue to which the UP Apartment Act, 2010 is being violated.
The Supreme Court had then said that the construction increased the number of flats from 650 to 1,500, thereby reducing each allottee’s undivided share in the common area. however Demolition order was given within three monthsMultiple delays pushed the final eruption to August 28, 2022.
