Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 8 certain work prohibited Page 1 of about 11,386 results (0.382 seconds)

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

Court : Kolkata

Reported in : (2005)3CALLT67(HC)

..... 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. ..... 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 ..... 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. ..... 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 ..... that by virtue of the covenant mentioned in the registered conveyance the provisions of the west bengal ownership apartment act, 1972 as regard common areas and facilities is applicable. .....

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

Court : Delhi

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

..... the competent authority under the delhi apartment ownership act is appointed, the plaintiffs cannot avail of section 4 of the act. ..... 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. ..... division of any part thereof, and any convenant to the contrary shall be void.6) each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.7) the necessary work relating to maintenance, repair and replacement of the common areas and facilities and the making of ..... 1.under the 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 ..... in this context, the supreme court held that the section does not contemplate complete prohibition of the use of the land or building for purposes .....

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 ..... 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 ..... as declared under section 6(3) of the pondicherry apartment ownership act, common facility will ..... 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. ..... , quash the same and consequently forbear the 4th respondent or its men or agents or representatives or assigns or anyone claiming under it from interfering with the peaceful administration of the maintenance works of the common utilities in the sree chanakya apartments situate at re-survey no.97/4 in sithankudisal of saram village and within oulgart commune of pondicherry.k.chandru, jorder 1. ..... was that while transferring the undivided share in the land in which the apartments were built, the petitioner retained certain portions for his ownership. .....

K. Chandrashekar Hegde Vs. Bangalore City Corporation

Court : Karnataka

Reported in : ILR1988KAR356

..... 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 ..... was 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 ..... to the provisions of the karnataka town and country planning act 1961 (in short the planning act') requires consideration since one of the contentions of the contesting respondents is that the planning act does not prohibit the construction of high rise buildings subject to certain conditions prescribed in the outline development plan and the comprehensive development plan and therefore, if these plans do not impose any prohibition for the construction of multi storied buildings subject to ..... . under section 14 of the citb act the board may, subject to the control of the government, draw up detailed schemes known as improvement schemes' for the improvement or expansion or both of the areas to which this act applies; under section 14(3) the government may, whenever they deem it necessary, require the board to take up any improvement scheme or work and execute it subject to such terms and conditions as may be .....

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. ..... her; that at an appropriate time of which the defendant was to be the judge, the defendant shall promote a limited company, cooperative society or some other body corporate of the buyers, to take over from the defendant the ownership right in the land and the structure thereon and to take the responsibility for the preservation and maintenance of the building and for the operation of common services thereon; that the buyers had agreed ..... opp(viii) whether the lifts in the property in question are working properly and whether there has been proper arrangement for the upkeep of electrical, water and sanitary lines and equipments? .....

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

Court : Kolkata

Reported in : (1997)2CALLT151(HC)

..... the 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 ..... west 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 mischief ..... the west bengal government premises (tenancy regulation) act, 1976 was enacted to provide for the regulation of certain incidents of tenancy in relation to government premises ..... , the said act was enacted to provide for regulation of certain incidents of tenancy .....

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

Court : Supreme Court of India

..... 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. ..... building; landings on each floor; columns and beams of the building 7 playgrounds, if any.according to him, the following could be part of `limited common areas': separate lift attached to a particular flat and/or certain number of flats; terrace attached to a flat; servants toilet on each floor, meant for the user of the flats on that particular floor;the aforesaid list as suggested by the learned senior counsel, in our ..... 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 ..... 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 ..... 1972 .....

D.C.M. Ltd. Vs. R.K. Towers (India) Pvt. Ltd.

Court : Delhi

Reported in : 2008(3)ARBLR507(Delhi)

..... entered into the agreement dated 13.01.1978 agreeing inter alia to formation of a holding organisation for maintenance of common areas and amenities in the building, the legislature enacted the delhi apartment ownership act, 1986.11. ..... under section 4 of the said act every person to whom any apartment is allotted, sold or otherwise transferred shall be entitled to the exclusive ownership and possession of the apartment so allotted and such person also becomes entitled to an undivided interest in the common areas ..... was enacted to provide for the ownership of an individual apartment in a multistoried 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. ..... no rights with respect to the unauthorized construction/misuse in portions of the property/apartment which under the apartment act have vested in the persons to whom the apartments have been sold can be adjudicated in the absence of the said persons and it would again be an exercise in ..... of the petitioner for formation of holding organisation in terms of agreement with the respondent is against the apartment act and thus no purpose will be served in directing the parties to arbitration for the said claim. ..... the agreement of the petitioner with the respondent, the petitioner merely had a right to subscribe to a certain extent in the holding organisation which was to carry on the maintenance of common areas and amenities. .....

Purshottam S. Talreja and Vs. Coover Phiroze Bharucha and ors.

Court : Mumbai

Reported in : 2007(5)ALLMR873; 2007(6)BomCR223; (2007)109BOMLR1922; 2008(2)MhLj173

..... the purchasers will also be entitled to organise societies and schemes under the apartments ownership act. ..... in view of the explanation appearing below section 20, it cannot be said that the agreement was entered into under mutual mistake.7. ..... section 20 of the contract act reads as under:20. ..... of the proposed buildings on ownership basis or on such terms as the purchasers may deem fit. ..... principal submission of the learned counsel appearing for the appellant was on the basis of the explanation appearing below section 20 of the indian contract act. ..... according to the plaintiffs, apart from making payment of rs. ..... 1 was acting on behalf of the defendants nos. ..... 1 has acted illegal or in breach of trust as alleged in paragraph 2(h) of the written statement of defendant no. 5?5. .....