A bat­tle royal for own­er­ship rights

HT Estates - - Front Page -

The di­rec­tor gen­eral, Town and Coun­try Plan­ning, the com­pe­tent au­thor­ity en­abling reg­u­lated ur­ban de­vel­op­ment in the state of Haryana, in its re­ply to SC, has favoured DLF’s stand say­ing, “In the view of the law al­ready laid down by this Hon’ble Court (read SC) in the case (Read DLF Qutab En­clave Com­plex Ed­u­ca­tional Char­i­ta­ble Trust vs State of Haryana - 2003) we are of the opin­ion that in the ab­sence of any spe­cific pro­vi­sion in the Act of 1975, Act of 1983 or any agree­ment be­tween the coloniser and the apart­ment owner, the sites of com­mu­nity build­ings and com­mu­nity cen­tres, and the com­mer­cial shops can’t be con­sid­ered as part of com­mon ar­eas and fa­cil­i­ties as de­fined in sec 2 (f) of the Act of 1983.”

The com­mu­nity cen­tre will be con­sid­ered a part of com­mon ar­eas and fa­cil­i­ties as th­ese are mainly meant for the ben­e­fits of the res­i­dents of the colony. If nec­es­sary, amend­ment in the Act of 1983 will be made ac­cord­ingly, the DGTCP states.

What was quite shock­ing was an RTI rev­e­la­tion (see box) that the DGTCP was ini­tially of the view that schools, shops and com­mu­nity cen­tres were part of the com­mon ar­eas and fa­cil­i­ties but it was at the be­hest of chief min­is­ter of Haryana, that it took a dif­fer­ent stand in Supreme Court. “It has been around 20 years since the res­i­dents of Sil­ver Oaks have been de­prived of their rights. Our only prayer is that the Hon’ble Supreme Court should give us an early hear­ing,” says Amit Jain.

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