State Consumer Disputes Redressal Commission (SCDRC), Lucknow: While considering the instant consumer complaint filed against Experion Developers for construction of residential and commercial buildings that are hindering the privacy of the Allahabad High Court (Lucknow Bench) building and creating security issues for High Court as well as Indira Gandhi Prathishthan; the Bench Ashok Kumar, J., (President)*, reproached Experion Developers as well Lucknow Development Authority (LDA) pointing out that the opposite parties without any authority of law had started constructions in the indoor badminton court and also illegally encroached the place for elderly residents/senior citizen.
The Commission also took stern note of Experion Builders allotting the community centre to Opposite Part 3 (Chica Loca by Sunny Leone) for running the business of liquor and bars and prohibited the LDA and Experion Developers to not make any construction for Chica Loca in Experion Capital, Vibhuti Khand, Lucknow. The Commission also prohibited the LDA and Experion from further encroaching the indoor badminton court meant for children of the housing society residents and encroachment in the spaces meant for the elderly.
The instant complaint was filed by a resident of Experion Capital, Vibhuti Khand, Lucknow. The Complaint Counsel for the complainant contended that Experion Developers started construction of 4 towers for residential purposes and commercial purposes. The counsel stated that Experion Developers started construction of the 4th tower adjacent to the Allahabad High Court Building (Lucknow Bench), thereby affecting the privacy of the Court building. It was further argued that towers 1,2 and 3 are also creating security problem for other high-profile buildings nearby, where events of state and national importance are often held.
The complainant also submitted that illegal allotment of space to Chica Loca will create hurdles of society’s residents and a permanent nuisance for everyone nearby including the High Court. The complainant submitted guidelines issued by the Supreme Court wherein it had been consistently held that activities like running of bar and service of liquor is not permissible in areas where there are any Temple/Mosque/Gurudwara/Church/Educational Institutions/ purely residential areas/ Government offices. The complainant further highlighted that fire vehicle movement for entry and exit points has been illegally encroached by the Opposite Parties.
Perusing the matter, the SCDRC pointed out that the activities of the opposite parties as submitted by the complainant, are not only illegal but against the law settled by the Supreme Court in plethora of cases.
The Commission thus prohibited the illegal encroachments made by the opposite parties and directed that a certified copy of the instant order be sent to the Secretary, LDA, who is to ensure strict compliance of this order. The matter was directed to be listed as fresh within first 10 cases on 19-2-2025.
[Prema Sinha v. Experion Developers, CC No. 25/2025, decided on 30-1-2025]
*Order by Justice Ashok Kumar, President
Advocates who appeared in this case:
For complainant: Advocates Manu Dixit, Saurabh Singh and Ambikesh Prasad