How the war was fought

HT Estates - - FRONT PAGE -

Dur­ing late 70s, DLF pur­chased large parcels of lands in Gur­gaon with a view to de­velop a res­i­den­tial colony, DLF Qutab En­clave Com­plex In 1982, the di­rec­tor, town and coun­try plan­ning (DTCP) ap­proved the group com­plex, Sil­ver Oaks, as part of the com­plex On May 30, 1990 DLF sub­mit­ted a re­vised plan with res­i­den­tial blocks com­pris­ing park­ing in base­ment, EWS flats and three shops, which DTCP ap­proved. Dur­ing 1990, peo­ple plan­ning to buy apart­ments signed agree­ments with DLF In 1996, the de­vel­oper ap­plied for com­ple­tion cer­tifi­cate for Sil­ver Oaks Res­i­dents filed pe­ti­tion be­fore the Pun­jab & Haryana High Court, seek­ing that DLF file a deed of dec­la­ra­tion per­tain­ing to the com­plex The de­vel­oper, on April 19, 2001, filed the deed of dec­la­ra­tion and trans­ferred dwelling units with the com­mon ar­eas and fa­cil­i­ties with other as­sets, plant and ma­chin­ery and equip­ment as de­clared in the deed of dec­la­ra­tion to the RWA for main­te­nance The res­i­dents amended their pe­ti­tion chal­leng­ing the dec­la­ra­tion filed by DLF, stat­ing that the com­mon ar­eas and fa­cil­i­ties should also in­clude shops or park­ing ar­eas, com­mu­nity cen­ters, nurs­ery school and other com­mon fa­cil­i­ties. The Di­vi­sion Bench of the High Court af­ter hear­ing all the par­ties said it is not the in­ten­tion of the Leg­is­la­ture that the de­vel­oper/col­o­nizer as­sumes ab­so­lute power of declar­ing or not declar­ing ar­eas, nor­mally in com­mon use, to be com­mon ar­eas SC on De­cem­ber 10, 2013 re­versed the HC judg­ment.

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