M/S. DESIGNARCH INFRASTRUCTURE PVT. LTD. AND ANOTHER Vs. VICE CHAIRMAN, GHAZIABAD DEVELOPMENT AUTHORITY AND OTHERS

JUDGEMENT

(1.) We have heard Shri P.K. Jain assisted by Shri Himanshu Tiwari and Shri Navin Sinha assisted by Shri Kunal Ravi Singh for the petitioners. Shri A.K. Mishra and Shri Rajesh Kumar Singh appear for the Ghaziabad Development Authority.

(2.) The U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 (in short the U.P. Apartment Act, 2010) was enacted by the State Legislature to provide for the ownership of an individual apartment in a building, of an undivided interest in the common areas and facilities appurtenant to such apartment; to make such apartment and interest heritable and transferable, and for matters connected therewith or incidental thereto. The Act received the assent of the Governor on 18.3.2010 and was published in the U.P. Gazette dated 19.3.2010. The U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Rules, 2011 (in short the U.P. Apartment Rules, 2011) were made by the State under Section 30 of the U.P. Apartment Act, 2010 and were enforced after one year and eight months by notification published in the Official Gazette of the State of U.P. dated 16.11.2011. The Model Bye-Laws to be adopted by every association of apartment owners in its first meeting made under sub-section (6) of Section 14 of the U.P. Apartment Act, 2010 were also notified in the Official Gazette on the same day on 16.11.2011. The provisions of the U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011 have, however, largely remained unenforced delaying the objects of enactment. In these writ petitions the petitioners as promoters, apartment owners and the Resident Welfare Associations of the apartment owners have prayed for declaration, interpretation and enforcement of the provisions of the U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011 for protection of the rights of apartment owners and promoters and consequential reliefs.

(3.) The statement of objects and reasons for which the U.P. Apartment Act, 2010 was enacted quoted in the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Bill, 2010 is as follows:-