Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 4 status of apartments Page 1 of about 1,444 results (0.126 seconds)

Estate Manager, Estate Directorate Ex-officio, Deputy Secretary, Housi ...

Court : Kolkata

Reported in : (1997)2CALLT151(HC)

..... explanation appended thereto defines the word 'apartment' for the purpose of section 3 and 3a thereof which shall have the same meaning as in the west bengal apartment ownership act, 1972. ..... as indicated hereinbefore, the word 'apartment' will have the same meaning as assigned in the west bengal apartment ownership act, 1972 and thus the acquisition of an apartment will have to be considered in the light of the provisions of the said act, furthermore, the word, 'otherwise' has also a significant ..... bengal apartment ownership act, 1972 had been enacted to provide for an ownership of an individual apartment and make such apartment inheritable and ..... apartment has been defined in section 3a of the west bengal apartment ownership act ..... section 4 sub-section (1) of the said act provides that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment ..... in the instant case clause l(a) of sub-section (2) of section 3 of the said act clearly shows that it is not building of the house alone which would come within the mischief of the said provision, but acquisition of a house or apartment either by purchase, inheritance, lease, exchange or otherwise would also bring within its purview of ..... royalty' is meant to be employed to secure for the state something out of what the state conveys, their employment of that word for private ensuring was not intended to confer on the assignor the status of the sovereign or the state and on that basis have the document voided. .....

Hanshree Apartment Owners' Association Vs. Hanshree Apartment Owners' ...

Court : Kolkata

Reported in : 95CWN1004,(1992)IILLJ423Cal

..... an association of apartment owners under the specific name and style of 'hanshree apartment owners' association' having its registered office at 6, hastings park road, alipore, formed in accordance with the provision of the west bengal apartment ownership act, 1972, hereinafter referred to as the 1972 act. ..... company owned the apartments in question and got the said apartments declared under section 2 of the 1972 act read with sub-section (1) of section 10 of the said act. ..... also been held that although a lone priest in a forlorn temple may not be a workman within the meaning of section 2(s) of the 1947 act, yet a multitude of priests, sevaks and pujaries in a temple may convert their status and nature of activity (reference may be made to the case of workmen of baikuntha nath debasthan mandir trust v ..... is an association within the meaning of section 3(b) of the 1972 act. ..... proceedings before the appropriate authority which, as usual, failed and a failure report was submitted to the appropriate government under section 12(4) of the industrial disputes act, 1947, hereinafter referred to as the 1947 act. ..... fall in the domain of 'domestic servant' and such 'domestic servant and the like' should be excluded from the definition of industry and workmen within the meaning of section 2(j) and 2(s) of the 1947 act respectively.9. mr. ..... situation the services rendered by the countless menials would undoubtedly come within the scope of the definition of industry under section 2(j) of the 1947 act. .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... (regulation of 12.12.1963 the promotion of construction, sale, 95 part g management and transfer) act, 1963 karnataka ownership flat (regulation of the 29.06.1973 promotion of construction, sale, management and transfer) act, 1972 gujarat ownership flats act, 1973 28.06.1973 andhra pradesh apartments (promotion of 15.05.1987 construction and ownership) act, 1987 west bengal (regulation of promotion of 09.03.1994 construction and transfer by promoters) act, 1993 punjab apartment and property regulation 02.08.1995 act, 1995 the above state laws covered certain areas beyond what is covered by rera. ..... of the registration granted by the authority; (b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, 36 part e section and title provision section and title of wb-hira of rera booked; (c) quarterly up-to-date the list of number of garages booked; (d) quarterly up-to-date the list of approvals taken and the approvals which are pending subsequent to commencement certificate; (e) quarterly up-to-date status of the project; and (f) such other information and documents as may be specified by the .....

Basana Dutta and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2005)3CALLT67(HC)

..... as regard applicability of the provision of west bengal apartment ownership act, 1972, the basic fact needs to be looked into whether any application on behalf of the flat owners were made before the appropriate authority under section 10 of the apartment ownership act, 1972 and rules framed there under. ..... 2 has held that provisions of the west bengal apartments ownership act, 1972 is not applicable as there was no compliance under the provision of section 2nand proviso thereof read with section 10. ..... the agreement between the writ petitioners and, the land owners and the developer followed by conveyance unmistakably show adoption of the provisions of the west bengal apartment ownership act, 1972, so the spaces for car parking as mentioned in the said act must be retained as it was done in the original plan, no change could be made without concurrence and consent in writing by the flat owners and there was no such consent by the flat owners or the original owners of ..... 2 herein raising several points namely applicability of west bengal building, promotion, construction and transfer by promoters act, 1993 as well as west bengal apartment ownership act, 1972. ..... as such the petitioner cannot claim the benefit of apartment ownership act, 1972.13. ..... the common area under the apartment ownership act means the areas, which are necessary for exercise of easement right ..... this forum directed inter alia to maintain status quo in respect of construction in ground floor area beyond sanction plan no. .....

Sugar Apartments Flat Owners Society (Regd.) and ors. Vs. Sequoia Cons ...

Court : Delhi

Reported in : 51(1993)DLT308; 1993(26)DRJ71; 1993RLR446

..... urged that till the competent authority under the delhi apartment ownership act is appointed, the plaintiffs cannot avail of section 4 of the act. ..... is not any law making function, but only to execute the legislative will by determining the date and time of enforcement of the statute, lf: at all the delhi apartment ownership act was a conditional legislation because the date of its enforcement remained to be notified, the condition stands satisfied with the enforcement of the statute. ..... quo condition, till the act ..... act the deeds of apartment are required to be executed by the promoters of the building; 2.plaintiffs are in no way responsible for their nonexecution; 3.plaintiffs have fully performed their obligation under the act in as much as they have paid full consideration for their respective apartments; 4.the act is meant to confer certain rights on the apartment owners and is a legislation for their benefits; 5.equity demands that even if the act does not apply, the property be preserved in the status .....

Balaji Builders Private Ltd Vs. the Collector Collectorate Office Pudu ...

Court : Chennai

..... under the provisions of puducherry apartment ownership act, 1987, more particularly section 3(f) read with section 6 deals with the irrevocation right of apartment owners to exercise such acts which are necessary for maintenance, repair and replacement of any of the common areas and ..... under section 13(5), the sub-registrar or any other registrar shall register the declaration along with floor plans of the building and the deed of the apartments under the pondicherry apartment ownership act, and shall also enter particulars in the index kept under sub-section (3).10 ..... therefore, as declared under section 6(3) of the pondicherry apartment ownership act, common facility will have to remain ..... , learned senior counsel appearing for ms.pushpa sathyanaryana, learned counsel for the petitioner strenuously contended that in the guise of exercising supervisory power vested under the pondicherry apartment ownership act, neither the collector nor the authority can transfer the ownership retained by the petitioner and the order is without jurisdiction.9. ..... the impugned order, the authorities have been virtually acted like a civil court in transferring the ownership of the area to the association and the provisions of puducherry apartment ownership act do not provide for any such contingency. ..... will be in violations of the provisions of puducherry apartment ownership act, 1987. ..... is accepted by both parties that the association comes within the purview of pondicherry apartment ownership act, 1987. .....

K. Chandrashekar Hegde Vs. Bangalore City Corporation

Court : Karnataka

Reported in : ILR1988KAR356

..... additional fact which has to be noticed against the building of multi storied apartments is the provision of the karnataka apartment ownership act, 1972 and the rules made thereunder. ..... have regard to the following principles in making selection and fixing the priority for allotment:(i) applicants whose lands or house have been acquired by the board provided they are otherwise qualified for allotment;(ii) the status of the applicant, that is, whether he is married or single and has dependent children;(iii) the income of the applicant and his capacity to purchase a site and build a house thereon for his residence;(iv) the number ..... passed to provide for the regulation of planned growth of land use and development and for the making and execution of town planning scheme in the state of karnataka.under section 2(7) of the planning act, 'the planning authority' means - (a) in the case of -'(i) the local planning area comprising the city of bangalore, the bangalore development authority, and(ii) any other local planning area in respect of which the state government ..... (2) if the outline development plan is not prepared, published and submitted to the state government by the planning authority within the period specified in sub-section(1) or so extended under the proviso to sub-section (1), as the case may be, the state government may authorise the director to prepare and publish such plan in the prescribed manner and direct the cost thereof to be recovered from the planning authority out .....

Cosmo Towers Owners' Association rep. by Its Secretary M. Prasada Rao ...

Court : Chennai

Reported in : (2009)5MLJ491

..... from the above referred sections, particularly sections 23 and 25 of the act, it is beyond doubt that the tamil nadu apartment ownership act, 1994, is binding on the petitioner and all flat owners. ..... 2522/2003 and as such, she is having undivided interest in the common areas and facilities provided to the apartment in the building as per section 6 of the tamil nadu apartment ownership act, 1994. ..... the object of enacting the tamil nadu apartment ownership act, rules and model by-law for the formation and maintenance of apartments is to promote harmony among the owners of apartments and share the common facilities without any hindrance to others. ..... the rights and liabilities of flat owners in an apartment is governed under the tamil nadu apartment ownership act, 1994 (in short ' the act') which came into force on and from 7.4.1997. ..... 2522/2003, dated 3.11.2003 is entitled to enjoy the facilities of common area provided to the apartment and the petitioner association is bound to admit the fourth respondent as a member of the association and denial of admission as a member of the petitioner association is in violation of the tamil nadu apartment ownership act, 1994, rules and the by-laws. ..... section 5 of the act deals with the ownership of apartments, which states that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the deed of apartment executed and registered in accordance with the provisions of the act. 20. .....

Guru Ram Das Bhawan and ors. Vs. Doon Apartments Pvt. Ltd.

Court : Delhi

Reported in : 160(2009)DLT148

..... the legislature promulgated delhi apartment ownership act, 1986 to provide for the ownership of an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto. ..... reliance is also placed on the provisions of the delhi apartments ownership act, 1986 to contend that the defendant was required to transfer the legal title of the respective flats/shops/godowns in favour of the purchasers thereof. ..... section 4 of the apartment act provides that every person to whom any apartment is allotted, sold or otherwise transferred by the promoter shall be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. ..... section 4(3) provides that every person who becomes entitled to ownership and possession of an apartment shall also be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the deed of apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the land underneath the multi-storeyed building and the structure of the multi-storeyed building and all the fixtures, fittings, appurtenances thereto. .....

Nahalchand Laloochand Pvt. Ltd.Vs. Panchali Co-operative Housing Socie ...

Court : Supreme Court of India

..... control regulations for greater bombay, 1991 as `dcr', maharashtra apartment ownership act, 1970 as `maoa', the maharashtra regional and town planning act, 1966 as `mrtp act' and transfer of property act as `t.p. ..... , who take flats, which is registered either as a co-operative society or as a company as aforesaid, or to an association of flat takers or apartment owners his right, title and interest in the land and building, and execute all relevant documents therefore in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also ..... parking spaces do not fall within the definition of `flat', they are nevertheless sellable as independent units since right to sell such spaces flows from the bundle of rights associated with ownership of the property and sections 10 and 11 of mofa read with rule 9 of 1964 rules are not exhaustive of the rights retained by the promoter upon execution of conveyance. ..... in view of the contentions outlined above, the questions that arise for consideration are : (i) whether stand alone `garage' or in other words `garage' as an independent unit by itself is a `flat' within the meaning of section 2(a-1) of mofa; (ii) whether stilt parking space/open parking space of a building regulated by mofa is a `garage'; (iii) if the answer to aforesaid questions is in the negative, whether stilt parking space/open parking space ..... 1972 .....