List of dates apartment owners act v1.8

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LIST OF DATES APARTMENT OWNERS ACT V1.8

26.01.50 The Constitution of India adopted by the

Constituent Assembly on 26.11.1949 came into

force.

30.11.63 Punjab Govt. Gaz. Extra of the date published

Punjab Act No. 41 of 1963, The Punjab

Scheduled Roads and Controlled Areas

Restriction of Unregulated Development Act,

1963. (applies to Haryana). Section 2(2)

“Amenity” includes roads, water-supply, street

lighting, drainage, sewerage, public parks and

any other convenience which the Government

may by notification specify for the purposes of

this Act; Section 5(2)(b) - the allotment or

reservation of land for roads, open spaces,

gardens, recreation grounds, schools, markets and

other public purposes; Section 5(2)(g) - the

amenities to be provided in relation to any site or

building on such site whether before or after the

erection or re-erection of buildings and the person

or authority by whom such amenities are to be

provided; [Rajinder Singh v State of Haryana

2005 (1) RCR (Civ) 249 (SC)]

16.12.63 Maharashtra Govt. Gaz. Extra of the date

published Maharashtra Act No. XLV of 1963,

2

The Maharashtra Ownership Flats (Regulation of

the promotion of construction, sale, management

and transfer) Act, 1963. (Amended by

Maharashtra Act No. 29 of 1964, 1 of 1966, 2 of

1968, 11 of 1970, 15 of 1971, 5 of 1973, 53 of

1974 (1-1-1975), 66 of 1977, 1 of 1979, 9 of

1981, 6 of 1982 (12-2-1982), 13 of 1983, 5 of

1984 (1-2-1984), 6 of 1985 (20-2-1985), 12 of

1986 (30-1-1986), 36 of 1986 (13-4-1987), 15 of

1990 (17-3-1990) & 10 of 1995 (1-4-1995).) An

Act to regulate for a certain period, in the State of

Maharashtra, the promotion of the construction

of, the sale and management, and the transfer of

flats on ownership basis. MOFA, 1963 was the

pioneering legislation (but only a partial and

limited one) on apartments in India basis the

Housing Act, 1961 (30.06.61- passage of Section

234 of the 1961 Housing Act, Public Law 87-70,

87th U.S. Congress, resulting in a system of

property ownership that enabled an individual to

own, mortgage or sell an apartment unit with

relatively the same ease as he could with a single-

family dwelling), [See also The Conveyancing

(Strata Titles) Act, 1961 (Australia 01.07.61)]

3

26.05.65 Punjab Govt. Notification No. G.S.R. 105/P.A.

41/63/S. 25/65 of the date notified The Punjab

Scheduled Roads and Controlled Areas

Restriction of Unregulated Development Rules,

1965. Rule 8(ii)(b) – areas reserved for public

and community amenities, such as civic centres

and educational, recreational and social

institutions and major open spaces; Rule 11(1)(v)

– Layout plan……showing……sites reserved for

open space community buildings and

schools……. Rule 12 – In the layout plan of the

colony, the land reserved for roads, open spaces,

schools, public and community buildings and

other common uses shall not be less than forty-

five percentum of the gross area of the land under

the colony……. Rule (19)(e) - undertake to

construct at his own cost, or get constructed by

any other institution or individual at its own cost,

schools, hospitals, community centers and other

community buildings on the land set apart for this

purpose or undertake to transfer to the State

Government at any time it may desire free of cost

the land set apart for schools, hospitals,

community centers and community buildings, in

which case the Government shall be at liberty to

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transfer such land to any person or institution

including a local authority on such terms and

conditions as it may deem fit,.. Form CL II (See

Rule 19) (b) - That the coloniser shall at his own

cost construct or get constructed by any other

institution or individual at its cost, schools,

hospitals, community centers and other

community buildings on the land set apart for this

purpose, or if so desired by the Government, shall

transfer to it any time it may desire free of cost

and thus set apart for schools, hospitals,

community centers and community buildings, in

which case the Government shall be at liberty to


including a local authority on such terms and

conditions as it may lay down.

01.11.66 Gaz. Of India dated 18.09.66 published Act No.

31 of 1966 notified The Punjab Reorganisation

Act, 1966. State of Haryana formed on the date,

01.11.66.

19.02.71 Maharashtra Govt. Gaz. Extra of the date

published Maharashtra Act No. XV of 1971, The

Maharashtra Apartment Ownership Act, 1970.

(Amended by Maharashtra Act No. 6 of 1974

(13-3-1974), 53 of 1974 (1-1-1975), & 14 of

5

1986 (31-1-1986).) An Act to provide for the

ownership of an individual apartment in a

building and to make such apartment heritable

and transferable property. MAOA, 1970 became

necessary because MOFA, 1963 lacked certain

key provisions qua individual rights over

common areas and facilities.

06.06.73 The West Bengal Apartment Ownership Act,

1972 (Act 16 of 1972) came into force vide

Notification No. 547-H.I.V. dated 6th June 1973

published in the Calcutta Gazette, Extraordinary,

Part I dated 6th June 1973, page 2017. It is

narrower in scope than GOFA 1973 and similar

to HAOA 1983 in that it also ignores the aspect

of duties and liabilities of promoters. The West

Bengal Building (Regulation of Construction and

Transfer by Promoters) Act, 1993 (Act XX of

1993) remedied this aspect 20 years later.

28.06.73 Gujarat Govt. Gaz. Extra of the date published

Maharashtra Act No. 13 of 1967, The Gujarat

Ownership Flats Act, 1973. An act to regulate

promotion of the construction of, and the sale,

management and transfer of, flats on ownership

basis and to provide for the ownership of an

individual apartment and to make such apartment

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heritable and transferable. It was a judicious

amalgamation of MOFA, 1963 & MAOA, 1970

which obviates frequent judicial interpretation

noticed in Maharashtra due to perceived (not

actually) conflicting provisions.

02.07.73 Haryana Govt. Gaz. of the date published

Haryana Act No. 24 of 1973, The Haryana

Municipal Act, 1973. (Section 203C (3) (b) –

“reservation of land for roads, open spaces,

gardens, recreation grounds, schools, markets and

other public purposes;”)

30.01.75 Haryana Govt. Gaz. Extra of the date published


Development and Regulation of Urban Areas

Act, 1975. (Major Amendment vide Haryana Act

No 11 of 2003 (28-3-2003), 16 of 2010 (30-9-

2010), 4 of 2012 (3-4-2012), Bill dated 1-3-2013

ratified by legislature on 11-1-2013 this last sets

up a Haryana Infrastructure Development Board)

01.04.75 The Karnataka Ownership (Regulation of the

Promotion of Construction, Sale, Management

and Transfer) Flats Act, 1972 (Act 16 of 1973)

came into force w.e.f. 1.4.1975 vide notification

No. FD 27 KHB 75, dated 6.3.1975. It is similar

to MOFA 1963. (Published in the Karnataka

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Gazette Part IV -2A (Extraordinary) No. 580

dated 2-12-1972) The Karnataka Apartment

Ownership Act, 1972 (Act 17 of 1973) came into

force w.e.f. 1.4.1975 vide notification No. FD 28

KHB 75, dated 6.3.1975. It is similar to MAOA

1970. For statement of Objects and Reasons see

the Karnataka Gazette Part IV -2A

(Extraordinary) No. 579 dated 2-12-1972 at page

21 to 24. "Consequent upon the shortage of lands

in urban areas, the majority of the citizens of

urban areas of the State cannot think in terms of

owning houses on individual basis. Though there

is a tendency to construct multi-storeyed flats,

apartments and the like on ownership basis,

intending persons cannot purchase flats,

tenements, or apartments in multistoried building

as they will not have a marketable title thereto

and cannot obtain any loan by mortgaging such

flats, tenements, etc. Consequently tenements

constructed by the Housing Board for example

cannot be sold to the tenants who cannot raise

any loan on the security of such tenements with

the result that an enormous amount of capital will

be locked up, which can be utilised for new

constructions to meet the increasing demands for

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housing. It is, therefore, considered expedient that

each apartment should for all purposes constitute

a heritable and transferable immovable property,

and that suitable legislation should provide for all

matters connected therewith. It is felt that such a

measure will not only enable many a person to

own his apartment but it will at the same time

enable institutions like Housing Boards to utilise

their locked up capital in the construction of new

buildings."

07.03.76 Haryana Govt. Notification No. G.S.R. 107\H.A.-

8\75\S. 24\76 of the date notified The Haryana


Rules, 1976.


Haryana Act No. 13 of 1977, The Haryana Urban

Development Authority Act, 1977. (Major

amendment vide Act No. 12 of 2004 (11-6-2004)

(setting it up as a local development authority-

violation of Part IXA of the Constitution of India)

06.01.79 Himachal Pradesh Apartment Ownership Act,

1978. (Received the assent of the President of

India on the 18th December, 1978 and was

published in R.H.P. Extra., dated the 6th January,

1979, P.93-99). An Act to provide for the

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ownership of an individual apartment and to

make such apartment heritable and transferable

property, in Himachal Pradesh. It is narrower in

scope than GOFA 1973 and similar to HAOA

1983 in that it also ignores the aspect of duties

and liabilities of promoters.

28.09.83 Haryana Govt. Gaz. Extra of the date published


Apartment Ownership Act, 1983. (Major

amendment vide Act No. 10 of 2002 (19-4-2002)

(definition of apartment). An Act to provide for

the ownership of an individual apartment in a

building and to make such apartment heritable

and transferable property and matters connected

therewith. Statement of Objects and Reasons

“Housing is a basic human necessity and the

quality of the house as well as of its environment

plays an important role in the growth of

individuals, both physically and mentally. One of

the root cause, of the present day discontent and

unrest in the working force as well as the

students, in our society, is the lack of proper

quality of life and the living environment in the

settlements. The widening gap between the rising

population and the housing stock added every

10

year has gradually reached such a critical stage

that the problem of providing proper shelter and

desirable standard of living seems to be beyond

solution. The efforts made by the Government as

well as different agencies have not made much

dent into the problem. Haryana is predominantly

an agricultural State, it is not advisable to use

fertile lands more and more for housing purposes

which ultimately will tell upon the production of

foodgrain. It is essential that for solving the

housing problem economy in the use of land as

well as in the use of Capital Investment should be

observed, for which Group Housing will have to

be promoted. Therefore, for the promotion of

Group Housing, it is necessary that the State

should have some statute to control the building

activities as well the ownership right.” HAOA,

1983 (ditto copy of MAOA, 1970 which is

essentially an amendment / enhancement to/ of

MOFA, 1963) is a flawed legislation requiring

extensive interpretation due cherry picking of

legislation by notifying only MAOA, 1970 but

ignoring the main act i.e. MOFA, 1963. It is well

settled that when there is an identified gap in

beneficial legislation it is to be filled keeping

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regard to its international/ national historical

background in other States of India (and abroad if

need be). (Anju Garg v Hotel Association of

India AIR 2008 SC 663, 2008 (3) SCC 1) The

gaps in HAOA, 1970 have therefore to be/ have

been filled up qua MOFA, 1963/GOFA, 1973 etc.

In Anju Garg v Hotel Association of India AIR

2008 SC 663, 2008 (3) SCC 1 it was held:

“In Liverpool & London S.P. & I. Association

Ltd. v. M.V. Sea Success I & Anr. [(2004) 9

SCC 512], this Court had to interpret the

meaning and import of the word ‘necessaries’

used in Section 5 of the Admiralty Court Act,

1861. The Court while importing the meaning

of the same through Foreign (American) Court

decisions, opined:

"It is true that this Court is not bound by

the American decisions. The American

decisions have merely a persuasive value

but this Court would not hesitate in

borrowing the principles if the same is in

consonance with the scheme of Indian law

keeping in view the changing global

scenario. Global changes and outlook in

trade and commerce could be a relevant

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factor. With the change of time, from

narrow and pedantic approach, the court

may resort to broad and liberal

interpretation. What was not considered to

be a necessity a century back, may be held

to be so now."”

01.08.85 The Kerala Apartment Ownership Act, 1983 (Act

15 of 1984) came into force w.e.f. 1.8.1985 vide

Kerala Gaz No. 6 dt 7-2-1984 (Kerala Gaz Extra

No.39 dt 12-1-1984). It is narrower in scope than

GOFA 1973 and similar to HAOA 1983 in that it

also ignores the aspect of duties and liabilities of

promoters. However the Kerala Apartment

Ownership Rules, 1994 came into force as late as

15.03.1994. Even now the area of apartment is an

undefined approximation (perhaps the only State

to default on such a vital parameter) which is

hunting ground for unscrupulous promoters.

23.05.87 The Andhra Pradesh Apartments (Promotion of

Construction and Ownership) Act, 1987 (Act 29

of 1987). Recieved the assent of the President on

the 15th May 1987. For statement of Objects and

Reasons see Andhra Pradesh Gazette, Part IV-A

Extraordinary dt 7th January 1987 at Page 19. An

Act to regulate in the State of Andhra Pradesh the

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Promotion of Construction and Transfer of

Ownership of Apartments. It is similar in scope to

GOFA 1973 and wider than HAOA 1983 in that

it enforces duties and liabilities of promoters.

17.11.87 The Delhi Apartment Ownership Rules, 1987

published vide MoUD, Lands Division, Central

Government Notification No. G.S.R. 914(E) dt

17th November 1987. These are very similar to

the Haryana Apartment Ownership Rules, 1987.

20.11.87 Haryana Govt. Notification No. G.S.R.

100/H.A.10/83/S. 25/87 of the date notified The

Haryana Apartment Ownership Rules, 1987.

(Major amendment vide Haryana Govt. Gaz.

Extra Notification dated 20.01.2003 at page 120.)

06.01.89 The Delhi Apartment Ownership Act, 1986 (Act

No. 58 of 1986) came into force. (Gazette of

India Extraordinary, Part II, Section 1A, No. 1,

Volume XXV dt 6th January 1989 on pages 3 to

22.). Statement of Objects and Reasons gives one

of the reasons as difficulty faced by owners of

"flats constructed by agencies like the Delhi

Development authority.” It is narrower in scope

than GOFA 1973 and similar to HAOA 1983 in

that it also ignores the aspect of duties and

liabilities of promoters.

14

13.12.91 Rule published by Haryana Govt. in terms

whereof a condition was imposed by way of

condition (e) in the license granted in LC IV. No

third party rights will be created without prior

permission of DTCP. The condition was otiose

and superfluous since Section 3(3)(iv) already

placed onerous condition barring transfer at any

time the land set apart for these public common

use purposes to anyone except the Government

free of cost thus attracting the mischief of Section

11 of the Transfer of Property Act, 1882 read

with Section 18 thereof. See also public trust

doctrine. [Velu Pandaram vs Gnanasambanda

Pandara Sannadhi (1896) ILR 19 Mad 243

reversed by Privy Council in Gnanasambanda

Pandara Sannadhi v. Velu Pandaram I.L.R.

[1900] 23 Mad. 271, (1899) 10 M.L.J. 29, L.R.

27 I.A. 69, K.S. Bonnerji v. Sitanath Das (1922)

24 BOMLR 565, 491 A. 46 (9), Menakuru

Dasartharami Reddi v. Duddukuru Subba Rao,

AIR 1957 SC 797, Sheikh Abdul Kayum v. Mulla

Alibhai AIR 1963 SC 309, 1963 SCR (3) 623,

DLF Housing and Construction Pvt. Ltd. v. Delhi

Municipal Corporation, ILR 1969 Delhi 1055, S.

Shanmugam Pillai v. K. Shanmugam Pillai AIR

15

1972 SC 2069, [1973] 1 SCR 570, Gopala Menon

v. Sivaraman Nair AIR 1979 SC 1345, (1981) 3

SCC 586, Additional Commissioner Of Income

Tax Surat v. Surat Art Silk Cloth Mfrs Assoc.

AIR 1980 SC 387, [1980] 2 SCR 77 (Constitution

Bench), Arjansingh v. Deputy Mal Jain 22 (1982)

DLT 14, ILR 1982 Delhi 11, 1982 RLR 60] and

duty of authorities concerned - “The authority

empowered to function under a statute while

exercising power discharges public duty. It has to

act to subserve general welfare and common

good.” [Lucknow Development Authority v.

M.K. Gupta (1994) 1 SCC 243]

01.06.93 Part IXA of the Constitution of India came into

force on the day vide Section 2 of the

Constitution (Seventy-fourth Amendment) Act,

1992.

09.02.94 DTCP issued a letter to DLF not to create fourth

party rights on community sites where third party

rights have been created prior to 07.08.1991.



Municipal Corporation Act, 1994. (Section 231

(1) (b) of the Haryana Municipal Corporation Act

1994 - "the reservation or allotment of any site

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for any street, open space, park, recreation

ground, school, market or any public purpose;"

which is similar to Section 313(1) (b) of The

Delhi Municipal Act, 1957.) [Arjansingh And

Ors. vs Deputy Mal Jain And Ors. 22 (1982) DLT

14, ILR 1982 Delhi 11, 1982 RLR 60]

25.10.94 State of Haryana issued instructions regarding

transferring of community sites. Three categories

were created: (i) community sites still in the

ownership of coloniser (ii) colonisers have

created third party rights before 07.09.1991 (iii)

Licensee has created fourth party rights. These

instructions are also otiose in that Section 11 of

Transfer of Property Act, 1882 bars any such

transfer of land reserved for public purpose.

06.04.95 Tamil Nadu Apartment Ownership Act, 1994.

(Act No. VII of 1995) came into force on the date

in some areas of the State, being later extended

across the State. It is narrower in scope than

GOFA 1973 and similar to HAOA 1983 in that it

also ignores the aspect of duties and liabilities of

promoters.

15.10.95 The Punjab Apartment and Property Regulation

Act, 1995 (Punjab Act No. 14 of 1995) (Received

the assent of the President of India on the 2nd

17

August, 1995, and was published in the Punjab

Gazette, (Extra.), Legislative Supplement, Part I,

dated August 9, 1995) Came into force on

15.10.95 vide Notification: No 2/3/92-

2HGIV5080 dated 13th October, 1995. An Act

to regulate the promotion of the construction,

sale, transfer and management of apartments on

ownership basis, to regulate colonies and

property transactions and to provide for

registration of promoters and estate agents and

enforcement of obligations of promoters and

estate agents and for matters connected therewith

or incidental thereto. Statement of Objects and

Reasons - "For some time past the problem of

controlling the activities of the private colonisers

engaged in the construction of apartments and

sale of plots has been engaging the attention of

the State Government. Some of the private

colonisers are operating solely with the motive of

profits with scant regard to the interest and

rights of the individual buyers of plots /flats.

In order to check, control and regulate

effectively the activities of such private

colonisers and protect the interests of the

consumers, the Government felt the need to

18

formulate a law. The National Housing Policy

also stipulates a larger role for the private

initiative in adding to the Housing stock and

serviced land for housing which also needs a

progressive law which encourages construction of

houses/development of plots by the private

parties and fully protects the interest of the buyers

of plots/flats." The Punjab Apartment Ownership

Act, 1995 (Punjab Act No. 13 of 1995) was also

passed so as to provide for the ownership of an

individual apartment in a building together with

an undivided interest in the common areas and

facilities appurtenant to such apartment to make

such apartment and interest heritable and

transferable, to enforce obligations on promoters

and apartment owners, and to provide for matters

connected therewith or incidental thereto.

13.02.96 Addenda (The Haryana Development and

Regulation of Urban Areas Act, 1975) Time

schedule of 3 years to apply to all sites where

third and fourth party rights have been created

before 07.08.1991.

19.04.02 Haryana Govt. Gaz. of the date published Haryana

Act No. 10 of 2002, amending The Haryana

Apartment Ownership Act, 1983. (Definition of

19

Apartment expanded to include independent units

of types as may be prescribed of residence, office,

and manufacturing etc relating to Information

Technnology) Section 3(a) -“Apartment” means a

part of a property, intended for any type of

independent use, including building having one

or more rooms with enclosed spaces located on

one or more floors or any part or parts thereof, to

be used for residence, office or for practicing any

profession or for carrying on any occupation,

trade, business or manufacturing or other uses

relating to Information Technology or for such

other type of independent use, as may be

prescribed, with a direct exit to a public street,

road or highway or to a common area leading to

such street, road or highway and includes any

garage or room (whether or not adjacent to the

building in which such apartment is located)

provided by the colonizer/owner of such

property for use by the owner of such apartment

for parking any vehicle or for the residence of

any person employed in such apartment, as the

case may be.

01.05.02 Bureau of Indian Standards published IS

3861:2002 METHOD OF MEASUREMENT OF

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PLINTH, CARPET AND RENTABLE AREAS

OF BUILDINGS (Second Revision) mentioning

in the Foreword "This standard disallows the use

of non-standard terminologies like super built

areas." Licensing and building permissions are

subject to adherence to National Building Code

of India, 2005 and all relevant Indian Standards

for buildings.


Haryana Act No. 11 of 2003, amending The

Haryana Development and Regulation of Urban

Areas Act, 1975. (cyber city, development costs

deposit in bank etc). Also Section 2(g) -

“External development works” include water

supply, sewerage, drains, necessary provisions of

treatment and disposal of sewage, sullage and

storm water, roads, electrical works, solid waste

management and disposal, slaughter houses,

colleges, hospitals, stadium/sports complex, fire

stations, grid sub-stations etc. and any other work

which the Director may specify to be executed in

the periphery of or outside colony/area for the

benefit of the colony/area; Section 2(gg) - “Flat”

means a part of any property, intended to be used

for residential purposes, including one or more

21

rooms with enclosed spaces located on one or

more floors, with direct exit to a public street or

road or to a common area leading to such streets

or roads and includes any garage or room whether

or not adjacent to the building in which such flat

is located provided by the colonizer/owner of

such property for use by the owner of such flat

for parking any vehicle or for residence of any

person employed in such flat, as the case may be;

Section 2(hh) - “Group housing” means a

building designed and developed in the form of

flats for residential purpose or any ancillary or

appurtenant building including community

facilities, public amenities and public utility as

may be prescribed; Section 5(1) - The colonizer

shall deposit thirty per centum of the amount

released (realized), from time to time, by him,

from the plot-holders within a period of ten days

of its realization in a separate account to be

maintained in a scheduled bank. This amount

shall only be utilized by him towards meeting the

cost of internal development works in the colony.

After the internal development works of the

colony have been completed to the satisfaction of

the Director, the colonizer shall be at liberty to

22

withdraw the balance amount. The remaining

seventy per centum of the said amount shall be

deemed to have been retained by the colonizer,

inter-alia, to meet the cost of land and external

development works.

23.09.06 The Bihar Apartment Ownership Act, 2006.

(Bihar Gaz No. Patna 748 dated 23.09.2006 &

No. LG 1-022106 Leg- 218 dt 22.09.2006.). An

Act to provide for the ownership of an individual

Apartment in a multi-storied building and of an

undivided interest in the common areas and

facilities appurtenant to such Apartment and to

make such payment and interest heritable and

transferable and for matters connected therewith

or incidental thereto. It is similar in scope to

GOFA 1973 and wider than HAOA 1983 in that

it enforces duties and liabilities of promoters.

29.01.07 Clause 11 (g) & (h) came into the rules whereby

LC IVA made applicable to GHS Colony, LC

IVB to plotted colony etc.




Areas Act, 1975. (Sec 3A – Infrastructure

23

Development Charges substituted for External

Development Charges)

09.09.09 In CWP No.960 of 2000 Manmohan Lowe v

State of Haryana decided on 09.09.09, the Punjab

& Haryana High Court (D.B.) held:"21. In view

of shortage of land in urban areas, concept of

apartments has been evolved. Town Planning

laws require development of apartments in

accordance with a plan and the apartment laws

apart from making apartments heritable and

transferable, provide safeguards for the apartment

owners for their shared use of common area. If

shared use of common areas is not allowed, the

concept of apartments may not be workable as

persons living on different floors require certain

services in the complex itself. Purchasers of

apartments are also attracted by the services

available in a complex and are directly or

indirectly made to pay for such services. It is not

the intention of the legislature that the developer

assumes absolute power of declaring or not

declaring areas, normally in common use, to

be common areas. Section 11, which deals with

contents of declaration, cannot be read as giving

absolute power to the developer to exclude

24

common areas from the said concept. To advance

the social objective for which the law is enacted,

the competent authority before which declaration

is filed must be held to have power to consider

objections of apartment owners as to whether

particular area, which is normally in

common use, could be described otherwise.

Requirement of making declaration implies that

the declaration must be consistent with the spirit

of the Act."




Areas Act, 1975. (Sec 3 (4) - Validity of license 4

years extendable 2 years at a time without limit

on payment of prescribed fee – condition of

recording reasons removed)

03.02.10 Memo No:- LC -147-7/16/2006-2TCP of the date

issued by DTCP Haryana (EWS flats - The

colonizers are also allowed to allot 5% of total

number of plots/flats reserved for EWS

Categories to any eligible person.)

19.03.10 Uttar Pradesh Apartment (Promotion of

Construction, Ownership, and Maintenance) Act,

2010 came into force. "Housing is a basic human

25

necessity and the quality of the house as well, as

of its environment plays an important role in the

growth of individuals, both physically and

mentally. The widening gap between the rising

urban population and the housing stock added

every year has gradually reached such a critical

stage that the problem of providing proper shelter

and desirable standard of living seems very

difficult to be solved. Moreover, majority of the

citizen of urban areas of the State cannot think in

terms of owning houses on individual basis

because of the shortage of land in the urban areas.

The efforts made by the Government as well as

different agencies have not made much dent into

the housing problem. Uttar Pradesh is

predominantly an agricultural State; it is not

advisable to use fertile lands more for housing

purposes which ultimately will affect the

production of food grains. It is essential that for

solving housing problem economy in the use of

land as well as in the use of capital investment

should be observed, for which Group Housing

development will have to be promoted. With a

view to promoting the Group Housing, it has

been decided to make a law to provide for the

26

ownership of an individual apartment in a

building of an undivided interest in the common

areas and facilities appurtenant 'Of such'

apartment and to make such apartment and

interest heritable and transferable." Section 3 (p)

of this Act appears to be violative of the very

same social concept that gave rise to law of

apartments in early twentieth century - "(p)

"independent areas" means the areas which have

been declared but not included as common areas

for joint use of apartments and may be sold by the

promoter without the interference of other

apartment owners;" No Government authority

should sit in judgment over rights of apartment

owners over the transferable land parcel which is

the basis of the common areas concept of

heritable apartments as such executive function

attracts the mischief of Article 300A. [K.T.

Plantation (P) Ltd. v. State of Karnataka (2011) 9

SCC 63, Ambika Prasad Mishra v. State of U.P.

(1980) 3 SCC 719]


Haryana Act No.16 of 2010, amending The


Areas Act, 1975. Amendment passed by Haryana

27

Legislative Assembly on the date – in Section 3

The Haryana Development and Regulation of

Urban Areas Act, 1975:

(6) After the coloniser has laid out the colony in

accordance with the approved layout plan and

executed the internal development works in

accordance with the approved design and

specifications, he may apply to the Director for

grant of completion or part-completion

certificate. The Director may enquire into such

matters, as he deems necessary before granting

such certificate.

(7) After enquiry under sub-section (6), the

Director may, by an order in writing, grant

completion or part-completion certificate on such

terms and conditions and after recovery of

infrastructure augmentation charges, as may be

prescribed:

Provided that where in the agreement executed to

set up a colony, a condition was incorporated for

deposit of surplus amount beyond maximum net

profit @ 15% of the total project cost and the

coloniser has not taken the completion certificate

of the said project, then notwithstanding the said

condition in the agreement, the coloniser shall

28

have the option either to deposit the infrastructure

augmentation charges as applicable from time to

time at any stage before the grant of such

completion certificate and get the exemption of

the restriction of net profit beyond 15% or deposit

the amount as per terms of the agreement.}

16.11.11 The Uttar Pradesh Apartment (Promotion of

Construction, Ownership and Maintenance)

Rules, 2011 notified on the date vide Notification

no. 3975/8-1-11-115D.A./02T.C.-I dated 16

November, 2011.

03.04.12 Haryana Govt. Gaz. of the date published Haryana

Act No. 4 of 2012, amending The Haryana


Act, 1975:

1. This Act may be called the Haryana


(Amendment and Validation) Act, 2012.

2. In clause (a) of sub-section (3) of section 3 of

the Haryana Development and Regulation of

Urban Areas Act, 1975 (hereinafter called the

principal Act),-

(i) for sub-clause (iv):

‘(iv) to contruct at his own cost, or get

constructed by any other institution or individual

29

at its cost, schools, hospitals, community centers

and other community buildings on the lands set

apart for this purpose, or to transfer to the

Government at any time, if so desired by the

Government, free of cost the land set apart for

schools, hospitals, community centers and

community buildings, in which case the

Government shall be at liberty to transfer such

land to any person or institutions including a

local authority on such terms and conditions as it

may deem fit;’

the following sub-clause shall be substituted,

namely:-

“(iv) to construct at his own cost, or get

constructed by any other institution or individual

at its cost, schools, hospitals, community centres

and other community buildings on the lands set

apart for this purpose, in a period as may be

specified, and failing which the land shall vest

with the Government after such specified period,

free of cost, in which case the Government shall

be at liberty to transfer such land to any person or

institution including a local authority, for the said

purposes, on such terms and conditions, as it may

deem fit:

30

Provided that in case of licenses issued prior to

the notification of the Haryana Development and

Regulation of Urban Areas (Amendment and

Validation) Act, 2012, the licensee, the purchaser

or the person claiming through him shall

construct the school, hospital, community centres

and other community buildings on the land set

apart for this purpose, within a period of four

years, extendable by the Director by another

period of two years, for reasons to be recorded in

writing, from the notification of the Haryana

Development and Regulation of Urban Area

(Amendment and Validation) Act, 2012:

Provided further that at the end of the period as

specified under the proviso, if the site is not

utilised for the purpose, it was meant for, the land

shall vest with the Government and in which

case, the Government shall be at liberty to


including a local authority, for the said purposes,

on such terms and conditions, as it may deem fit:

Provided further that a show cause notice and an

opportunity of hearing shall be issued before

vesting the land in the Government.";

31

(ii) after sub-clause (iv), the following sub-clause

shall be inserted and shall be deemed to have

been inserted with effect from the 30th January,

1975, namely:-

“(iv-a) to pay proportionate cost of construction

of such percentage of sites of such school,

hospital, community centre and other community

buildings and at such rates as specified by the

Director;".

Insertion of section 10A in Haryana Act 8 of

1975

3. After section 10 of the principal Act, the

following section shall be inserted, namely:-

“10-A. Recovery of dues.-- All dues payable

under the Act, which have not been deposited

within the time specified, shall be recovered as

arrears of land revenue.".

Insertion of section 23A in Haryana Act 8 of

1975.

4. After section 23 of the principal Act, the

following section shall be inserted, namely:-

“23A. Power to issue directions.-- The Director,

with the approval of the Government, may, from

time to time and/or under the directions issued

under section 9A by the Government, shall, issue

32

directions as are necessary or expedient for

carrying out the purposes of this Act.".

5. (1) Notwithstanding any judgement, decree or

order of any court or tribunal or other authority to

the contrary, any action taken with regard to the

recovery of proportionate cost of construction of

such schools, hospitals, community centres and

other community buildings, either through the

issuance of executive instructions or through

condition prescribed in the Bilateral Agreement

executed at the time of grant of licence or through

any undertaking obtained from the coloniser, or

any action taken or things done or purporting to

have been taken or done, before the

commencement of the Haryana Development and

Regulation of Urban Areas (Amendment and

Validation) Act, 2012, shall be deemed to be as

valid and effective as if such action was taken or

done in accordance with the provisions of the


Areas (Amendment and Validation) Act, 2012

and any executive instructions or any Bilateral

Agreement or any undertaking obtained in this

regard and all such recoveries made, shall be

deemed to be as valid and effective as if such

33

Bilateral agreement were executed, or executive

instructions were issued or undertakings were

obtained or recoveries were made in accordance

with the provisions as amended and validated in

accordance with the provisions contained in the


Areas (Amendment and Validation) Act, 2012,

and shall not be called in question in any court or

tribunal or other authority:

Provided that the amount already deposited

against the cost of construction of the community

buildings shall be spent on the construction of

such community buildings or related

infrastructure within a period of five years

hereafter, unless any further extension is allowed

under exceptional circumstances by the

Government after recording reasons thereof, and

accordingly,—

(i) all acts, proceedings or things done or action

taken by the Government or by any other official

of the Government or by any authority, in

connection with the recovery of cost of

construction of such schools, hospitals,

community centres and other community

buildings by the Director either through issuance

34

of executive instructions or through condition

prescribed in bilateral agreement or through any

undertaking obtained from coloniser, for all

purposes be deemed to be and to have always

been done or taken in accordance with law;

(ii) no suit or other proceedings shall be

maintained or continued in any court or before

any authority for the refund of any such amount

already deposited or for nullification of Bilateral

agreement already made, executive instructions

already issued and undertaking obtained; and

(iii) no court or authority shall enforce a decree or

order directing the refund of any such recovery of

cost of construction of such schools, hospitals,

community centres and other community

buildings so charged or for nullification of

bilateral agreement executed or any executive

instructions issued or any undertaking obtained in

this regard.

(2) Notwithstanding any judgement, order or

decree of any court or tribunal or other authority

to the contrary, if a licensee who deposited the

cost of construction, full or part, on the demand

of Government and later took the refund under a

judgment, order or decree passed by court or

35

tribunal or any other authority, the Government

may, after the notification of the Haryana


(Amendment and Validation) Act, 2012, order the

recovery of the amount of construction of which

the refund has been taken by the licensee under

such judgment, order or decree, after giving a

show cause notice and an opportunity of being

heard.

24.06.12 Memo No. LC-147-II/2012/7/16/2006-2TCP of

the date (EWS flats - The allotment of residential

units constructed in Group Housing Colonies will

be done by the colonizers as per the policy dated

03.02.2010.)

08.07.13 Memo no. LC-147- 7/16/2006-2TCP of the date

(EWS flats - policies issued vide memo no. LC-

147-7/16/2006-2TCP dated Chandigarh the 3rd

Feb, 2010 and vide memo no. LC-147-

II/2012/7/16/2006-2TCP dated 14.06.2012 have

been reviewed and in supersession of these

policies, the following comprehensive policy is

framed:-

2.1 Quota of EWS flats: The licensee shall

reserve 15% of total number of residential flats in

Group Housing colony for allotment to

36

economically weaker section/lower income group

category.) AUTHOR NOTE: Earlier condition of

"The colonizers are also allowed to allot 5% of

total number of plots/flats reserved for EWS

Categories to any eligible person." has been

silently deleted. There is no mention at all of the

LC-IVA condition (a): a) That in case of group

housing adequate accommodation shall be

provided for domestic servants and other services

Population of economically weaker section and

number of such dwelling units shall not be less

than 10% of the number of main dwelling units

and the area of such a unit shall not be less than

140 square feet., which will cater to the minimum

size of the room along with bath and water closet.

hence apartment owners are denied the mandate

of Section 3(f)(iv) “The premises for the lodging

of janitors or persons employed for management

of the property;”

List of dates apartment owners act v1.8

Real Estate

maharashtra act

punjab act

transfer act

published act

act section

housing act

punjab reorganisation

community centers