A battle royal for ownership rights
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.