Rehan Khan
On 30th January, the Uttar Pradesh State Consumer Disputes Redressal Commission ordered a stay on the construction and operation of an unauthorized bar and commercial establishment within the Experion Capital residential complex in Vibhuti Khand, Lucknow. The Court has also directed the immediate removal of illegal encroachments affecting senior citizens and residents.
The complaint was filed by Smt. Prema Sinha, a resident of Tower-3 at Experion Capital, which raised serious concerns over unauthorized modifications and encroachments in the residential project. The developer, Experion Developers Pvt. Ltd., allegedly altered the sanctioned construction plans, leading to privacy and security threats to prominent establishments such as the Lucknow Bench of the Hon’ble High Court and the Indira Gandhi Pratishthan, a venue frequently visited by high-profile dignitaries, including the President and Prime Minister of India.
Presiding over the matter, Justice Ashok Kumar, Chairperson of the Commission, expressed strong disapproval of the Lucknow Development Authority (LDA) for approving alterations that allegedly violated multiple legal provisions, including Section 14 of the Real Estate (Regulation and Development) Act, 2016, and Section 4(4) of the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010.
The ruling was particularly critical of the developer’s decision to lease the society’s community center to a commercial entity—Chica Loca by Sunny Leone, a bar and restaurant. The court found that such unauthorized commercial activity within a residential area not only disrupted the peace of residents but also violated established judicial precedents prohibiting liquor-serving establishments near religious sites, government offices, and educational institutions.
Key Directives Issued by the Commission:
- Immediate cessation of any further construction that deviates from the sanctioned plan.
- Restoration of all encroached areas meant for senior citizens, children, and community use.
- Submission of an undertaking by Experion Developers within seven days, ensuring full compliance with the court’s orders.
- Potential demolition of unauthorized structures, including encroachments on fire pathways and fire exits, if compliance is not ensured.
- The Lucknow Development Authority (LDA) has been directed to enforce the court’s directions, with a strict warning of legal consequences in case of non-compliance.
The case is now scheduled for its next hearing on February 19, 2025.