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1 - 8 of 8 (0.25 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Virmani, Roy & Kutty vs Ansal Properties & Industries Limited ... on 1 October, 2002
In this regard, Ld. Counsel for the defendant has relied on Virmani Roy &
Kutty Vs. Ansal Properties & Industries dated 01.10.2002 wherein Hon'ble
Court has observed
After considering the submissions made by learned counsel for
the parties and examining the provisions of the Delhi ownership of
Apartments Act, this Court is of the considered view that the Act
certainly creates valuable rights in respect of the "common areas
and facilities" in multistoreyed buildings in favour of the apartment
owners so that they may enjoy their portions comfortably, but
these rights are controlled by and are subject to the provisions of
Section 4(3) of the Act which entitles the promoter/builder of a
multistoreyed building to specify common areas which he wishes
to transfer to the flat owners. It entitles him to earmark different
common areas and facilities for different occupants in the building
so that different groups of the flat owners in different parts of the
building may enjoy separate "common areas and facilities" without
interference from other occupants of the building. This can be
done by the promoter/builder of the building by incorporating
appropriate Clauses regarding common areas in the Deeds of
Apartments executed in favour of the purchasers of the flats in
terms of Section 4(3) of the Act. Had the Legislature intended not
to permit, the promoter/builder of a building to earmark or
apportion such area Section 4(3) of the Act would have simply
stated that every person who becomes entitled to the exclusive
ownership and possession of an apartment under Subsection (1)
or Subsection (2) of Section 4 of the Act shall become entitled to
undivided interest in all the common areas and facilities in the
building and there was no need to use the words "as may be
specified in the Deed of Apartment". A purchaser of the
Apartment may opt out of the deal in case he finds that common
areas and facilities required by him are not being provided to him
by the promoter. Learned counsel for the defendants rightly
contends that the roof in question still remains exclusively with
defendant No.1 in as much as Clause 11 (a) of the Agreement
CS No. 56260/16 Page 19 of 25
between the parties specifically provides that the promoters shall
continue to have a right to make additions or put up additional
structure etc. as may be permitted by the local authorities on the
terrace of the complex and the terrace and parapet walls shall
continue to be the property of the promoter who shall be entitled to
use the same for any purpose whatsoever.
Section 15 in The Delhi Apartment Ownership Act, 1986 [Entire Act]
Nahalchand Laloochand Pvt. Ltd. vs Panchali Co-Operative Housing Society ... on 25 April, 2008
33. Ld. Counsel for the plaintiff in this regard has relied upon Nahalchand
Laloochand Pvt. Ltd. Vs. Panchali Cooperative Housing Society, AIR 2010
SC 3607 wherein Hon'ble Supreme Court while dealing with a case of
CS No. 56260/16 Page 20 of 25
Maharasthra Ownership Flats Act, 1963 ruled that the promoters have no right to
sell any portion of the building which is "not a flat" within the meaning assigned
under the Act. Hon'ble Supreme Court has stressed that entire land of building of
the Complex have to be conveyed to the Association. It was ruled that the only
right which is given to the promoters is to sell his unsold flats. Hon'ble Supreme
Court made it clear that the promoter has no right to sell "stilt parking spaces"
Section 4 in The Delhi Apartment Ownership Act, 1986 [Entire Act]
Dhruba Dasgupta & Ors vs Surjendu Shekhar Ghosh & Ors on 21 July, 2011
This judgement was also relied in Dhruba Dasgupta & Ors. Vs. Surjendu
Shekhar Ghosh & Ors., FAO No. 456/2010 & CM No.22352/2010 dated
21.07.2011.
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