Writ petition for mandamus to direct handover of apartment maintenance to owners association was disposed of pending merits, liberty granted to file fresh representation.
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Court No. - 21
Case :- WRIT - C No. - 24863 of 2022
Petitioner :- Ansal Courtyard Apartment Owners Association Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dilip Kumar Singh Counsel for Respondent :- C.S.C.,Kartikeya Saran,Shiv Prakash Gupta
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for a writ of mandamus directing the respondent-Authority to ensure handing over of maintenance of flats of Ansal Courtyard Apartment to the owners association in compliance of the provisions of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 and the rules framed thereunder.
Learned counsel for the petitioner submits that the respondentpromoter is under mandate of law to hand over maintenance of the flats and common areas to the owners association. He has invited our attention towards an order passed on 27.3.2021 by Meerut Development Authority, Meerut in compliance of the order passed by this Court in Writ-C No. 5094 of 2020 on 27.2.2020, wherein, it is recorded that the association of apartment owners is yet not formed. The order also provides that election of the owners association be held in presence of an observer appointed by Meerut Development Authority, Meerut. The said direction was issued so that the maintenance and other duties conferred upon them under the Act is discharged by the association.
Learned counsel for the petitioner has filed supplementary affidavit annexing therewith a copy of communication from Deputy Registrar, Firms, Societies and Chits, Meerut dated 20.10.2022 informing the President of the flat owners association that the list of managing committee and society for the year 2021-2022 had been registered. According to the said list, Vinay Kumar by whom the instant petition has been filed is the Secretary of the association. On the basis of the same, it is now being contended that the Meerut Development Authority should direct the promoter developer to hand over maintenance and common areas to the flat owners association.
Shri Yash Singh holding brief of Shri Kartikeya Saran is present on behalf of respondent no. 2. He states that since the
association of apartment owners is now registered and therefore, the Development Authority will examine the grievance of the petitioner association and will take decision in accordance with law.
Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioner association to make fresh representation along with true attested copy of the instant order before respondent no. 2 in respect of their grievances and in which event, the same shall be considered and decided by respondent no. 2 by means of a speaking order after due notice and opportunity of hearing to the promoter.
Order Date :- 21.12.2022 A. V. Singh
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad
1 provisions across 1 enactments
Ansal Courtyard Apartment Owners Association
State Of U.P.
4 Others
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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