Disposed

Ajnara Integrity Apartment Owner Association v. State of U P and 3 Others

Allahabad HC13 Jul 2022WRIC/16826/2022

Case brief

AI extract

What is this about?

This Single Judge Writ Bench of the Allahabad High Court disposed of a petition filed by an apartment owners association against the Ghaziabad Development Authority. It directed the authority to decide a representation regarding the transfer of interest-free maintenance security by a speaking order after providing notice and opportunity of hearing to the concerned parties.

What did the court decide?

Direction to respondent no. 2 to decide the representation by a speaking order after due notice and opportunity of hearing.

Ajnara Integrity Apartment Owner Association Vs… — Service and Employment | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 16826 of 2022

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Petitioner :- Ajnara Integrity Apartment Owner Association Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kunal Ravi Singh,Rahul Singh Dahiya Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Rohan Gupta

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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The instant writ petition has been filed praying for a mandamus directing Ghaziabad Development Authority, Ghaziabad (respondent no. 2 herein) to decide the representation sent by e- mail on 17.4.2022 and 14.4.2022 in light of the order passed in Writ Petition No. 13298 of 2020 (Shipra Sristhi Apartment vs. State of U.P. and 2 others).

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The judgment of this Court dated 5.1.20 21 in Shipra Sristhi Apartment (supra) directs the competent authority under U.P. Apartment Act, 2010 and U.P. Industrial Area Development Act, 1976, or any other cognate enactment to decide the grievance of the home-buyers or their associations, positively within three months from the date the grievance is brought to their knowledge, by a reasoned and speaking order, under intimation to the aggriev ed persons.

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The petitioner is registered association of the apartment owners of a multi-storied building complex, developed by respondent no. 3. The petitioner association has filed the above representation before respondent no. 2, praying that the interestfree maintenance security amount be directed to be transferred to the petitioner association in terms of the second proviso to sub-section (5) of Sectio n 14 of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 .

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The second proviso to sub-section (5) of Section 14 stipulates that the amo unt collected by the promoter towards interest-free maintenance security shall be transferred to the association at the time of handing over the common areas and facilities . It is submitted that the common areas and facilities were handed over to the petitioner association on 14.11.2021 and a written memo was executed in this behalf, wherein, respondent no. 3 also agreed to transfer interest-free maintenance security amount to the petitioner association by 30.11.2021, but it has not been transferred so far.

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Learned counsel appearing on behalf of respondent no. 2 states that the representation will be decided within two months.

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Accordingly, the writ petition is disposed of with direction to respondent no. 2 to decide the representation of the petitioner by means of a speaking order, after due notice and opportunity of hearing to the petitioner and respondent no. 3 and 4.

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(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 13.7.2022 Jaideep/-

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Digitally signed by JAIDEEP BANERJEE Date: 2022.07.14 14:01:54 IST Reason: Location: High Court of Judicature at Allahabad

Ajnara Integrity Apartment Owner Association v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Ajnara Integrity Apartment Owner Association v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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