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Allahabad High Court Addresses Governance Issues in Housing Societies

By Realtynmore 1h ago
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Noida, September 5, 2026: The Allahabad High Court has raised key questions regarding transparency, accountability, elections, voting rights, and dispute resolution mechanisms in group housing societies across Uttar Pradesh. The proceedings stems from a writ petition filed by Nikhil Singhal, President of Noida HighRise Federation (NHRF), seeking clarity on legal ambiguities in the bye-laws governing Apartment Owners Associations (AOAs), NHRF said in a press release.

A central development involved an AOA dispute at Eldeco Aamantran in Noida. The society’s AOA had approached the court seeking relief against the Deputy Registrar’s April 15, 2026 order concerning an investigation into its election process by the Sub-Divisional Magistrate (SDM). During the proceedings, the court stayed the Deputy Registrar’s April 20, 2026 order that had granted conditional registration to the newly elected AOA, bringing into question whether the applicable bye-laws permit such conditional approvals. Following the court’s order, the previous AOA managing affairs prior to April 20 will oversee day-to-day operations and maintenance until further directives are issued.

Reflecting on the legal action, Singhal said, “I filed this writ petition because there was ambiguity in the bye-laws and applicable legal provisions, which was becoming a major source of conflict between AOAs. I am hopeful that the Hon’ble High Court’s intervention will provide much-needed clarity and establish a more transparent and accountable framework for housing societies.”

Singhal noted that disputes over elections, management, and voting rights affect societies state-wide. “When bye-laws are ambiguous, different stakeholders interpret the same provisions differently, resulting in disputes and litigation. This is why the issue needs to be addressed at a broader level. A clear framework can benefit housing societies and millions of apartment owners across Uttar Pradesh,” he said.

To streamline grievances, Singhal advocated establishing a dedicated dispute resolution cell, noting that SDMs are already overburdened with administrative matters. “AOA disputes are often technical and require specialised attention. A dedicated forum with defined timelines can ensure faster resolution while also reducing the burden on the SDM as Prescribed Authority,” he said. Additionally, Singhal raised concerns regarding long-term employee postings in the Deputy Registrar’s office, urging regular transfers to strengthen administrative accountability.

Emphasizing the broader impact, Singhal said, “This is not a fight against any individual or institution. It is an effort to bring clarity, transparency and accountability to housing society governance. If the ambiguity in the bye-laws is resolved, the benefit can extend far beyond Noida to housing societies and apartment owners across Uttar Pradesh.”

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