Supreme Court sets aside HC order on flat owners’ right on common areas

Posted on Dec 16 2013 - 8:05pm by IBC News
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Supreme Court sets aside HC order on flat owners’ right on common areas
The Supreme Court has set aside a Punjab and Haryana High Court order, accepting the plea of flat owners of a residential society developed by DLF Ltd at Gurgaon, that they have “undivided interest” in common areas and facilities including schools inside the housing complex. The High Court had asked the competent authority to decide the objections of the owners the Silver Oaks Apartments at Gurgaon to the declaration filed by DLF Ltd by which they were deprived of their rights.
“We are of the view that the High Court has not properly appreciated or applied the various statutory provisions of the Regulation Act and the Rules framed thereunder, the terms of licences issued, agreements executed between the coloniser and the DTCP vis-à-vis the various provisions of the Apartment Act, the statutory declaration made by the coloniser and the S Deeds executed between the parties,” a bench of Justices KS Radhakrishnan and AK Sikri said.
Setting aside the HC verdict, the court said,”We have clearly indicated that the ownership right over the land earmarked for schools, hospitals, community centres and other community buildings referred to in …the Development Act vests on the coloniser (DLF).”
Launches of new homes drop 33% in NCR: Report
Launch of new homes dropped by 12 per cent to over 1.72 lakh units so far during this calendar 2013 in the eight major cities due to cautious approach by developers in view of slowdown in demand, according to global property consultant Cushman & Wakefield.
The National Capital Region (NCR) saw a decline of 33 per cent in new launches this year at 38,411 units compared with 57,098 flats in the year-ago period. Mumbai launches were up 6 per cent and Kolkata 3 per cent over last year

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