Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 21 insurance Court: andhra pradesh Page 1 of about 523 results (0.080 seconds)

M/S Swarnandra-ijmii Intigrated Township Dev.Co.Pvt.Ltd., (a Joint Ven ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... we have perused the entire material on record and we are of the considered view that the appellants/opposite parties did not provide conducive car parking area to the complainant though it is stipulated as per section 3 (d) of the andhra pradesh apartments (promotion of construction and ownership) act, 1987 which states that common areas include car parking also therefore, we are of the considered opinion that there is deficiency in service on behalf of the appellants, however, we modify the order of ..... ownership) act, 1987 state that common areas include car parking also ..... they submitted that they have constructed 37 residential blocks consisting of 2 bed room, 3 bed room, 4 bed room apartments and the township is named as rain tree park with green zones internal roads and street lights, water fountains, fire fighting system, court yards, rock gardens, reflexology park, benches, walking way etc ..... the complainant submitted due to non allotment of car parking, he is troubled in his day today affairs apart from financial loss and when the flat is given on rent, the tenant is paying only rs.3000/- which is low when compared to the other ..... as per section 3 (d) of the andhra pradesh apartments (promotion of construction and ..... which is ijm ownership site for model house ijm no.2 in sy.no.1009/1, kukatpally, r.r.district sought by the complainant in his memo for which no objection/counter was filed or in the alternative refund the amount collected towards car parking with interest at 12% .....

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT71

..... the said decision dealt with and interpreted various provisions of the ap apartments (promotion of construction and ownership) act wherein it was held that the said act has been given overriding effect vide section 32 thereof and that once a declaration is given by the builder relating to the plan under section 4 of the act, he cannot unilaterally alter the plan and file amended declaration unless the said amended declaration is ..... based upon the ap apartments (promotion of construction and ownership) act, 1987 are also not sustainable inasmuch as the very wording of section 455-aa is with ..... impugned provisions are contrary to the rights conferred on the neighbour or affected parties under the ap apartments (promotion and construction of ownership) act, 1987.wp. no. ..... articles 21 and 14 of the constitution of india and also affects the ap apartments (promotion of construction and ownership) act, 1987.20. ..... building or class of lands or buildings developed immediately before the date of commencement of the tamil nadu town and country planning (amendment) act, 1988 (hereafter in this section referred to as 'the said date') in the chennai metropolitan planning area, from all or any of the provisions of this act or any rule or regulation made thereunder, by collecting regularization fee at such rate not exceeding twenty thousand rupees per square meter, as ..... act the hmc act was amended by inserting sections 452-a, 455-a and 455-aa apart from substituting schedule u and v of the hmc act .....

Pallavi Enclave Flat Owners Welfare Association, Rep. by Its Secretary ...

Court : Andhra Pradesh

Reported in : 2006(2)ALD272; 2006(2)ALT151

..... questions were considered by this court with reference to the andhra pradesh apartments (promotion of construction and ownership) act, 1987, (the apartments act, for brevity) in c.s.r.estates (1 supra). ..... this court considered the submissions in the light of the provisions in apartments act and after referring to sections 3(d), 4, 6 and 7 of the apartments act, observed that, 'whatever space is left for parking in the stilt floor and whatever the space left in other floors as per the plan, the same cannot be modified by the ..... in fact, under section 14 of the act, such declaration is made a statutory declaration and under section 14(b) it shall contain the 'description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be ..... suppose beautiful parks and lakes are provided in the plan approved, for the purpose of apartment, they vest with the apartment owner as a common facilities as 'deemed to be conveyed with the apartment' in terms of section 9(2) of the act, even though such right or interest is not specifically mentioned in the conveyance or in the ..... is placed on section 9 of the apartments act. ..... this is because ultimately the entire case depends on the interpretation of section 59 of urban development act, regulation 12 of zonal regulations of hyderabad urban development authority, 1981 (huda regulations, for brevity) and regulation 19 of hyderabad multi-storied building regulations, 1981 (msb .....

Csr Estates, Flat Owners Welfare Association, Kothapet, Rr Dist. Vs. H ...

Court : Andhra Pradesh

Reported in : 1998(6)ALD547; 1998(6)ALT540

..... apartments (promotion of construction and ownership) act, 1987 (in short 'the act'), after the plans, specifications and the nature of the fixtures, fittings, amenities and common areas as sanctioned by the appropriate authority and after builder enters into agreement with ..... ; (viii) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;' section 4 of the act determines the duties and liabilities of the promoters, so as to make full disclosure in writing of his title to the land and the building, in which the apartments are to be constructed, all encumbrances, plans and specifications approved by the local authority, including the particulars of the designs and materials ..... the local authorities, which are disclosed to the intending transferees under section 4 of the act, the promoter shall not make any additions and alterations therein, if it affects any apartment, without the previous consent in writing and if it affects more than one apartment, without the previous consent in writing of all the transferees who intend to take those apartments and all other additions or alterations shall necessarily be carried out only ..... and lakes are provided in the plan approved, for the purpose of apartment, they vest with the apartment owner as common facilities as 'deemed to be conveyed with the apartment' in terms of section 9(2) of the act, even though such right or interest is not specifically mentioned in the conveyance .....

C. Shekar Reddy Vs. C.S.R. Estates Flat Owners Welfare Association and ...

Court : Andhra Pradesh

Reported in : AIR2003AP491; 2003(3)ALD553; 2003(3)ALT413

..... sanctioned by the 1st respondent is arbitrary, illegal and prejudicial to the interest of the flat owners apart from being violative of the provisions of section 6 of the andhra pradesh apartments (promotion of construction and ownership) act, 1987 (for short 'the act').5. ..... the facts of this case and the members of the writ petitioner-association are not entitled for any notice;(2) the members of the petitioner-association have not filed any declaration as required under section 2 read with section 14 of the act and in fact, the provisions of chapter iii are applicable to the facts of this case; and(3) the appellant-3rd respondent is the real owner of the property and as such, ..... building plan and affects the usage of the common area and amenities already provided to the individual flat owners, and as such, notice to the individual flat owners is a must under section 6(1) of the act and the learned single judge was right in holding that without there being any notice given to the affected individual flat owners, the modification of the plan as was sanctioned by the 1st ..... flats for commercial purpose, which is nothing but material modifications to the building in all sense of the term and the same cannot be done contrary to the declaration or disclosure already made under section 14 of the act the common areas and facilities, which are provided as per the plan approved and all other amenities as contemplated under the definition of 'common areas and facilities', it is the flat owners, .....

Atluri Purushotham Vs. Vijayawada-guntur-tenali-mangalagiri Urban Deve ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD552; 2005(5)ALT152

..... apartments (promotion of construction and ownership) act and certain rules in relation thereto and ..... as per section 25 of the said act the owner of the apartment shall be required to provide all the fire preventive devices in consultation with the ..... , this is a matter where writ petitioner, as neighbour, had questioned the action of the respondents and the neighbour has locus standi to question the same when the authorities are not acting in accordance with law or there is violation and contravention of the rules and regulations relating thereto and the statutory provisions. ..... the different provisions of the statues and regulations which already had been referred to supra and also drawn the attention of this court to certain provisions of the hyderabad municipal corporation act and ultimately would contend that the urban development authority acted in an arbitrary manner without any reason to cancel the sanction, that too without notice. ..... act, 1999 prohibits any authority or officer competent to approve building plans before constructions under the relevant law for the time being from according approval except on production of a no objection certificate under sub-section (2) thereof and any violation thereto is an offence under sub-section (4) read with section ..... urban development (m2) department dated 3-2-2001 has been issued as a policy decision and the source of power can be traced to section 59 of andhra pradesh urban areas development act. ..... section ..... required under section 13 of .....

Dr. V. Sundara Rao and ors. Vs. Director, Town and Country Planning, G ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD525; 2006(3)ALT570

..... apartments (promotion of construction and ownership) act, 1987 (hereinafter referred to as 1987 act) and the rules ..... on behalf of the 4th respondent, its managing partner filed his counter-affidavit inter alia contending that 3rd respondent, after obtaining approval from the 1st respondent, granted permission to construct apartments to it as the existing road width is 9.14 meters from shree samajam road upto its site, though the width of the remaining portion of the road, from their site ..... section 13 of 1999 act (which came into force on 1-2-2001) any person proposing to construct a high raise building or a building to be used for any purpose other than residential purpose, or a building proposed to be used for residential purpose of more than 15 meters in height, such as group housing, multi-storey flats, workup apartments ..... in reply, the contention of the learned counsel for petitioners is that as per section 13 of 1999 act construction of a high raise building can be commenced only after obtaining permission from the officials of the fire service department and since no such permission is produced, ..... to be constructed by the 4th respondent is of a height of 16.85 meters, provisions of section 13 of 1999 act have to be complied with by the 4th respondent before its plan can be sanctioned or ..... section ..... municipality proposed to connect rastrapati road and sthree samajam road by widening the kanchirajuvari street upto 40' and accordingly prepared a master plan under section 14(3) of a.p. .....

Arvind L. Abhyankar Vs. Municipal Corporation of Hyderabad

Court : Andhra Pradesh

Reported in : AIR2003AP94; 2002(5)ALD763; 2003(1)ALT336

..... violators of the law, the builder without obtaining occupancy certificate from the corporation has sold the flats in the building to third parties and allowed them to occupy, which is in gross violation of the provisions of the apartments (promotion, construction and ownership) act, 1987. ..... the certificate dated 5-1-1989, said to have been issued by the commissioner of the corporation, certifying that the constructions made by the builder are in accordance with the bye-laws of 1972, is clouded with suspicion for the reason that the corporation issued a notice to the builder on 19-4-1994, calling upon him to explain the genesis of the said certificate, and in that regard, it is stated that the corporation ..... for better appreciation of the said contention, would be useful to extract section 5 of the said act, which reads:a promoter who intends to transfer any apartment shall before, accepting any sum of money as advance payment or deposit, which shall not exceed twenty per cent of the price, enter into a written agreement of sale with the intending transferee and the same shall be registered as a document compulsorily registrable under clause (b) of sub-section (1) of section 17 of the registration act, 1908.45. ..... as the father of the builder did not submit regular plans, as required under section 428 of the act, he was advised to pay advance permit fee for considering his case. .....

Satya Murthy Sivalenka S/O. S. Ramalingam, Sameera Homes Private Limit ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT107

..... unit of apartment/flat/portion, provisions of andhra pradesh apartments (promotion of construction and ownership) act, 1987, ..... article 47a deals with instruments of sale as defined in section 54 of transfer of property act, 1882 (as per section 54 of transfer of property act 'sale' is transfer of ownership in exchange for a price paid or promised or part ..... supreme court while observing that when instrument is brought to collector under section 31 of stamp act, he has to determine stamp duty and if it is fully stamped, he has to make endorsement under section 35 of stamp act, laid down as under.it would be an extraordinary position if a person seeking the advice of the collector and not wanting to rely upon an instrument as evidence of any fact to be proved nor wanting to do any further act in regard to the instrument so as to effectuate its operation should also ..... stamped and the person executing the document wants to proceed with effectuating the document or using it for the purposes of evidence, he is to make up the duty and under section 32 the collector will then make an endorsement and the instrument will be treated as if it was duly stamped from the very beginning. ..... under this provision, when collector impounds instrument under section 33 or received instrument under section 38(2) of stamp act, he may certify by endorsement that instrument is duly stamped and is not chargeable to the duty or require the payment of proper duty and may also impose penalty not exceeding ten times .....

Amrutha Estates Vs. Emerald Apartment Owners Association and anr.

Court : Andhra Pradesh

Reported in : 2007(3)ALD112; 2007(4)ALT294

..... apartments (promotion construction and ownership) act, 1987 into account and decreed the suit. ..... the next sentence reads as under:the junior civil judge, who does not appear to be having any common sense observes that tot lot area is not shown in cross section or typical floor area of each floor in the main building.the mere fact that the expression 'tot lot area' was understood differently by the trial court, on the one hand, and the appellate court, on ..... before concluding the discussion on the point, the lower appellate court made the following observation:the trial court exhibited ignorance of knowledge of elementary principles of law and evidence act when he observed that that the plaintiff did not produce sanctioned plan, which is in the custody of the defendants.11. ..... it is stated that the appellant constructed emerald delux apartments at amrutha hills, punjagutta, hyderabad, with an independent area, earmarked for children's play in front of the entrance of the complex, on the northern side, separating two other complexes. ..... an appeal under section 96 of c.p.c. .....