Allottees Protesting for Possession of houses under the Avadh Vihar Basera Scheme

Reported by

Aashish DeepLand Conflict Watch

Last updated on

August 5, 2021

Location of Conflict

Devamau

Lucknow

Reason or Cause of Conflict

Township/Real Estate

(

)

People Affected by Conflict

7200

Land Area Affected (in Hectares)

25

ha

Starting Year

2013

State

Uttar Pradesh

Sector

Infrastructure

Awas Vikas had launched Basera1 and Bassera2  schemes for Economically Weaker Sections under Awadh Vihar Yojana in 2013 at Shahid Path. The allottees had been promised that the construction of the flats would be complete within two years. The allotment was done in March 2014, and the allottees made full payment. But the construction didn't start until months. When the allottees protested at Awas Vikas Parishad, only then the officers and engineers said that the construction would be over by July 2015; that didn't happen. Since then the allottees have been making daily rounds of the Parishad. When these allottees enquired with the Parishad officers they were informed that the construction work would be over soon and the notice to submit the remaining amount would be issued. In December 2020, it was reported that the construction has been completed of the project under Awadh Vihar Yojana. Prime Minister Narendra Modi will lay the foundation stone of the project on January 1st, 2021 and the chief minister will be present at the foundation stone laying ceremony venue.

Demand/Contention of the Affected Community

Demand possession of flats

Region Classification

Urban

Type of Land

Both

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

47

Type of investment:

Cost of Project

Year of Estimation

Has the Conflict Ended?

Yes

When did it end?

December, 2020

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Other

Legislations/Policies Involved

  1. Real Estate (Regulation and Development) Act, 2016

    Section 11(4)(a) (Promoter’s responsibility for all obligations made to the allottees as per the agreement for sale till the conveyance of all the apartments to the allottee); Section 18 (Return of amount and compensation if promoter fails to complete the project or hand over possession); Section 19(2) (Right of allottee to know stage-wise time schedule of completion of apartment); Section 19(3) (Right of allottee to claim refund if the promoter is unable to give possession of the apartment in accordance with the terms of agreement for sale); Section 61 (Penalty on any promoter for contravention of any provisions of RERA, other than section 3 or section 4)

  2. Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016

    Rule 15 (Rate of interest payable by the promoter and the allottee)

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community? What was the decision of the concerned government department?

Legal Processes and Loopholes Enabling the Conflict:

Lack of legal protection over land rights

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Complaints, petitions, memorandums to officials

Government Departments Involved in the Conflict:

Avas Vikas Parishad

PSUs Involved in the Conflict:

UP Avas Evam Vikas Parishad

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Aashish Deep

Reviewed By

Aashish Deep

Updated By

Aashish Deep

Edited By

Aashish DeepLand Conflict Watch
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