AI Overview...
- Builder Rights to Use of Land - Several sources indicate that builders often retain rights over land or facilities even after project completion, including rights to common areas or adjacent land, unless explicitly transferred or surrendered. For instance, in DESIGNARCH INFRASTRUCTURE VS VICE CHAIRMAN, GHAZIABAD DEVELOPMENT AUTHORITY - Allahabad, the builder can resist forming associations, and in Rolling Hills House Owners Association vs Greater Hyderabad Municipal Corporation - Telangana, collusion allowed alterations without proper consent, implying retained control or influence over land and facilities. DLF Limited VS Manmohan Lowe - Supreme Court notes that apartment owners cannot claim undivided interest over facilities not adjacent to their flats, highlighting limited rights over common or neighboring land.
- Sale or Use Rights of Internal Roads and Adjacent Land - The sources suggest that builders sometimes sell or grant rights to use internal roads or adjacent land to third parties, including landowners or private entities. In Sun Tower Residents Welfare Association VS Ghaziabad Development Authority through its Vice Chairman - Allahabad, a builder obtained completion certificates and agreed to work per sanctioned plans, implying rights over layout and access. PRAVIN G. JOSHI & 3 ORS. vs SAROJINI GANGADHAR & 3 ORS. - Consumer National discusses rights to use surrounding open spaces, which were granted to residents, but previous judgments limited such rights, indicating a nuanced legal stance.
- Land Acquisition and Private Benefit - Several entries, such as Amita Banta And Another VS State Of Uaryana And Others - Punjab and Haryana and Special Land Acquisition Officer VS Majas Madhu Co-operative Housing Society - Bombay, highlight issues where land was acquired ostensibly for public purpose but was largely released or transferred to private builders, often benefitting private interests rather than the public. This raises concerns about builder rights over acquired land and whether they can sell or utilize such land beyond initial public purpose.
- Legal and Regulatory Framework - The references underline that builder rights are subject to compliance with laws like the Land Acquisition Act, Cooperative Society Act, and local municipal regulations. For example, NITA INTERNATIONAL VS AHMEDABAD MUNICIPAL CORPORATION - Gujarat discusses builder fraud and the need for safety measures, implying restrictions on builder control and use of land.
- Implications for Residents and Landowners - Residents and landowners often have limited rights over adjacent or internal land unless explicitly documented. Rights to use internal roads or common areas are often contested, and legal decisions tend to favor restrictions on builder control unless proper agreements or clear titles are established.
Analysis and Conclusion:
The collected sources suggest that builders can and often do retain rights to use, develop, or sell adjacent land or internal roads, especially when legal agreements or approvals are ambiguous or collusive. However, such rights are limited by statutory regulations, and residents or landowners typically have restricted claims unless explicitly granted. The legal framework emphasizes transparency and proper documentation to prevent unauthorized use or sale of land rights by builders. Ultimately, rights to use internal roads or adjacent land depend heavily on specific agreements, approvals, and adherence to laws, with many cases highlighting disputes over such rights.
Search Results for "Builder Sold Right to Use of Internal Housing Society Road to Adjacent Land Owner"
2013 0 Supreme(All) 2606 • India - Allahabad
SUNIL AMBWANI, BHARAT BHUSHAN
and registration of association of apartment owners does not mean final completion certificate—After enforcement of 2010 Act no builder ... enable them to become member of Residents Welfare Association (RWA)—Word ‘apartment’ includes any garage or room whether or not adjacent ... , promoter can resist/delay the formation of association of apartment owners—Apartment owner includes spouses/major children/family ... of group housing society and for direction to quash the allotment of 33% purchasable FAR to....
2022 Supreme(Online)(NCDRC) 159 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, PRESIDENT
Ownership Act, 1970 - Issue of common areas and facilities surrounding a residential building - Petitioners argued for rights to use ... agreements - Courts determined common areas include surrounding open spaces, contrary to previous judgments - Petitioners granted right ... Such Z form was submitted by that Builder to the Registrar of Co-operative Society. An assurance was given by that Builder that he will not retain any right, title, or interest in the property belonging to the #HL....
2021 0 Supreme(All) 1305 • India - Allahabad
ARVIND KUMAR MISHRA-I, NAVEEN SRIVASTAVA
memorandum of understanding was reached between Ghaziabad Development Authority, respondent no.1 and respondent no.2 develop a group housing ... differences between petitioner and builder so based on brochure and term of agreement between two may be redressed by approaching ... work in accordance with sanctioned layout plan within a period of three months - Builder has already obtained completion certificate ... The layout sanctioned plan dated 06.01.2005 shows Type-D apartments (Sun Tower) and Type-C apartments (Saya Gold) are separated ....
2009 0 Supreme(P&H) 2117 • India - Punjab and Haryana
ADARSH KUMAR GOEL, GURDEV SINGH
builder who applied for licence--Plea that notified purpose was not required to be adhered to or that release to builders amounts ... --Public Purpose--Release of Land--90% of Land released in favour of private builders--Notified public purpose found non existent ... --Land acquired for utilization of land for residential and commercial sector--90% of notified land released in favour of private ... The acquisition amounted to benefiting a private #HL....
2013 8 Supreme 738 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
They Could not claim an undivided interest or right of management over them. ... objection could be raised by the apartment owners and they could not claim any undivided interest over those facilities except the right ... objection could be raised by the apartment owners and they could not claim any undivided interest over those facilities except the right ... not adjacent to the building in which such flat is located provided by the colonizer/owner of such property for use by the #HL_....
2025 0 Supreme(Telangana) 209 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY
(Paras 20, 22) ... ... Facts of the case: ... Petitioners, members of a housing association, ... Housing Society Ltd. v. Municipal Corpn. of Mumbai, (2013) 5 SCC 357 : (2013) 3 SCC (Civ) 89], SCC p. 363, para 1) “1. ... However, the respondent No.3, in collusion with others, sought a revised layout including adjacent land in Sy.No.32 admeasuring Ac.4.00 guntas and proposed alterations to the earmarked open space, park area, and internal roads without obtaining consent from the petit....
2024 Supreme(Online)(DEL) 32835 • India - High Court of Delhi
MS. MINI PUSHKARNA, J
DDA has in its possession, un-utilized vacant land measuring 0.67 ha adjacent to these apartments, which a href="./.. ... 11.9 The petitioner and his family members are the bona fide residents of the housing society in question.
2020 0 Supreme(Bom) 852 • India - Bombay
G.S.KULKARNI
(A) Land Acquisition Act, 1894 - Section 18 - Two land acquisition references concerning compensation for land acquired for public ... issued, followed by claims for enhanced compensation by the landowners - The trial court determined the fair market value of the land ... -138) ... ... (B) Compensation - Injurious Affection - The court recognized that a portion of one claimant's land ... plot No.236 of Sher-E-Punjab Co-operative Housing Society Ltd. admeasuring 418.05 sq.mtrs. ... Ma....
2001 0 Supreme(Guj) 160 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
Court considering the decision of the Apex Court in the case of the judgment, issued notice to the builder firm and also its partners ... the learned counsel for the petitioners - occupiers - shop keepers that they were not only cheated but were defrauded; that the builder ... the purpose of parking petitioner also prayed for a direction to the Corporation to provide fire safety measures as the developer/builder ... Scheme no. 3 Ahmedabad is owned by Amichand Park Cooperative Housing Society Ltd. Thus #....
2001 0 Supreme(Guj) 875 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
Municipal Corporation within a period of two months and the Corporation shall thereafter recover the cost of the same from the builder ... Association - occupier of shops – Complexes - Shall not be used for the purpose other than residence and they shall discontinue the use ... Scheme no. 3 Ahmedabad is owned by Amichand Park Cooperative Housing Society Ltd. Thus owner of the plots in question where the towers have been constructed belong to Amichand Park Cooperative Housing ....
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