DLF LIMITED Vs. MANMOHAN LOWE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of a writ petition filed by the Apartment owners of Silver Oaks Apartments, DLF Qutub Enclave, Phase-1, Gurgaon, seeking a writ of certiorari to quash the declaration dated 19.04.2001 filed by the Appellant, on the ground that the same is not in conformity with Section 3(f) of the Haryana Apartment Ownership Act, 1983 (for short "the Apartment Act") since the appellant failed to include certain areas of the complex as "common areas and facilities" within the declaration, thereby effectively depriving the apartment owners of their rights over the same.

(3.) The Division Bench of the Punjab and Haryana High Court accepted their contention and held that the apartment owners are entitled to undivided interest in common areas and common facilities under Section 6 of the Apartment Act and would be vitally affected if those areas are not declared as common areas. The Court also held, inter alia, that the competent authority under Section 3(i) of the Apartment Act is under an obligation to decide the objections of the apartment owners to the declaration filed by the colonizer appellant herein. Aggrieved by the same, this appeal has been preferred by the colonizer.