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2013 Supreme(All) 2606

SUNIL AMBWANI, BHARAT BHUSHAN
DESIGNARCH INFRASTRUCTURE – Appellant
Versus
VICE CHAIRMAN, GHAZIABAD DEVELOPMENT AUTHORITY – Respondent


Advocates:
Counsel :
P.K. Jain, Himanshu Tiwari, Navin Sinha, Kunal Ravi Singh for the Petitioners; A.K. Mishra and Rajesh Kumar Singh for the Respondents.

JUDGMENT

By the Court.—We have heard Shri P.K. Jain assisted by Shri Himanshu Tiwari and Shri Navin Sinha assisted by Shri Kunal Ravi Singh for the petitioners. Shri A.K. Mishra and Shri Rajesh Kumar Singh appear for the Ghaziabad Development Authority.

2. The U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 (in short the U.P. Apartment Act, 2010) was enacted by the State Legislature to provide for the ownership of an individual apartment in a building, of an undivided interest in the common areas and facilities appurtenant to such apartment; to make such apartment and interest heritable and transferable, and for matters connected therewith or incidental thereto. The Act received the assent of the Governor on 18.3.2010 and was published in the U.P. Gazette dated 19.3.2010. The U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Rules, 2011 (in short the U.P. Apartment Rules, 2011) were made by the State under Section 30 of the U.P. Apartment Act, 2010 and were enforced after one year and eight months by notification published in the Official Gazette of the State of U.P. dated 16.11.2011. The Model Bye-Laws to be adopted by every associa































































































































































































































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