UP RERA Orders Azeagaia Developers to Hand Over Clubhouse, Common Facilities to Association

Lucknow/Gautam Buddh Nagar, October 10, 2025: The Divisional Bench of the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA), based in Lucknow, has provided major relief to the homebuyers of the Azea Botanica project in Lucknow. The Authority passed this order in the matter of Azea Botanica Apartment Buyers Association versus Azeagaia Development Private Limited, stating that the promoter cannot retain the ownership of the clubhouse and other common facilities within the project, nor can such areas be used for commercial purposes.

The Apartment Owners’ Association had filed a complaint with the Authority, alleging that the promoter, without any legal or formal consent, had altered the originally approved layout plan. According to the complaint, the promoter attempted to declare the clubhouse and various common facilities as “independent areas”, aiming to retain them under its own control and use them for commercial purpose. This action was considered to be in clear violation of legal provisions and the rights of the allottees.

After examining the complaint and conducting detailed hearings, the RERA Bench held that the promoter’s actions were contrary to the law and amounted to infringement of the buyers’ lawful rights. The Authority ordered that the promoter must not treat the club and common facilities under common areas as privately owned, and is strictly prohibited from giving these any commercial character. The promoter has been directed to hand over the complete physical possession of the entire clubhouse and all developed facilities within it to the Apartment Owners’ Association. Furthermore, the promoter is required to submit all original, approved layout plans and other necessary project documents, including those related to the common areas and facilities, to the Association, in accordance with applicable local laws.

The Bench also stated that the promoter must ensure full compliance with the Real Estate (Regulation and Development) Act, 2016, the Uttar Pradesh RERA Rules of 2016 and 2018, the Uttar Pradesh Apartment Act, 2010, and the Uttar Pradesh Apartment Rules, 2011, along with all other related legal provisions. It was further instructed that the formats of the sale agreements and sale deeds executed with the allottees must be lawfully drafted and must strictly follow the statutory requirements.

In view of the violations identified during the proceedings, the matter has also been referred to the Authority for initiating penalty proceedings against the promoter under Section 61 of the RERA Act. This decision clearly establishes that the operation, supervision, and maintenance of the club house and other facilities under common areas in the project shall now rest entirely with the Apartment Owners’ Association.

This order is a landmark step; not only does it provide direct relief to the residents of Azea Botanica, but also sets a strong precedent in the real estate sector. The ruling reinforces the principle that the rights of the homebuyers are of utmost importance and will be upheld firmly.