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2015 Supreme(All) 3897

SUNEET KUMAR
Resident Welfare Association – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant: Ashish Dubey, Ananya Pandey, Anil Kumar Bajpei and C.L. Pandey
For the Respondents: C.S.C., Kunal Ravi Singh, Manjari Singh and Nisheeth Yadav

JUDGMENT

Suneet Kumar, J.

1. Petitioner society is registered under the Societies Registration Act 1860 Act 1860 in the name and style Resident Welfare Association, Purvanchal Silver City-II, Greater NOIDA RWA duly registered on 28 September 2010. The State notified the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 Act 2010, on 18 March 2010 to provide for the ownership of an individual apartment in a building of an undivided interest in common areas and facilities of appertaining to such apartment and to make such apartment and interest heritable and transferable and for matters connected thereto and incidental thereto. In exercise of power conferred under Section 13 of Act 2010, the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Rules 2011 Rules 2011 was notified on 16 November 2011. Pursuant to powers under Section 14(6) of Act 2010, the Governor made and got published Model Bye-Laws requiring every Association of Apartment Owners hereinafter to make their Bye-laws at its first meeting for the administration of the affairs in relation to the apartments and the property appertaining thereto. The Model Bye laws was notified on







































































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