LAWS(ALL)-2021-1-157

SHIPRA SRISTHI APARTMENT Vs. STATE OF U.P.

Decided On January 05, 2021
Shipra Sristhi Apartment Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Anoop Trivedi, the learned Senior Counsel assisted by Sri Vibhu Rai for the petitioner, Sri Akhhileshwar Singh, learned standing counsel for the State and Sri Ravi Kant, the learned Senior Counsel assisted by Sri Rohan Gupta for the Development Authority.

(2.) The State of U.P. taking cognizance of the rise in population and demand for space specially for residential purposes enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (for short "the Act").

(3.) The object of the Act is to give primacy to the interest of the owners of apartments and protection of their rights against arbitrary and profit oriented actions of the promoters / builders in which a role of an arbiter has been assigned to the competent authority in the Development Authority as held in M/s Designarch Infrastructure Pvt. Ltd. vs. Vice Chairman, Ghaziabad Development Authority , 2013 9 ADJ 594.