CELEBRITY HOMES RESIDENT WELFARE ASSOCIATION THROUGH ITS PRESIDENT AND AUTHORIZED SIGNATORY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is in the nature of a class action brought at the instance of a welfare association of flat owners, which trains its guns against respondent Nos. 3 and 4 seeking for a corrective action mandating the State functionaries namely the respondent Nos. 1 and 2 to demolish the flats constructed in excess of the sanctioned number of flats within a complex of apartments. The reliefs in the writ petition sought for are one the basis: one, alleged constructions made by the colonizers and the contractor have been in violation of the building plans as regards the number of flats. Two, the Floor Area Ratio (FAR) adopted in the manner of constructions have exceeded the sanctioned regulatory limits. Three, calling to the writ petition the aid of the applicability of the salutary provisions of the Group Housing Scheme laid down under the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 1977 Act), The Haryana Apartment Ownership Act, 1983 (hereinafter referred to as Ownership Act, 1983), Haryana Apartment Ownership Rules,1987 (hereinafter referred to as Haryana Ownership Rules, 1987), The Punjab Scheduled Roads & Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter referred to as 1963, Act), as applicable to the State of Haryana and the Rules of the year 1965, the actions of the colonizer and the builder have violated all the building norms.

(2.) The petitioner-association comprises of the owners and occupants of the buildings promoted by Ansals Properties and Industries Limited through a project that is called as Celebrity Homes, Palam Vihar, Condominium, Gurgaon. The declaration issued under Section 2 of Apartment Ownership Act, 1983 reveals that M/s Ansals Properties and Industries Limited and the associate companies as the 'Grantor' for an area measuring at 10.55 acres (42694.27 sq. mtrs) falling within the Revenue Estate, Village Chouma, District Gurgaon. The declaration in the Act sets out the following features for the building:

(3.) The stand-off between the petitioner-association and the builders, as expressed through the writ petition and the documents, start with a salvo through a notice issued on 10.12.2008. The notice gives expression to the following grievances: