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Ghaziabad Development Authority, developers flouting UP Apartment Act: PIL

A year after the Uttar Pradesh government laid down rules for developers and authorities under the UP Apartment Act, 2010, which contains provisions meant for welfare of owners of housing units in residential societies, a petition has been filed by an Indirapuram resident in the Allahabad high court to ensure its strict implementation.

"Despite rules laid down by the state government under the Act, they are not being followed by developers and the Ghaziabad Development Authority," said Alok Kumar, the petitioner, resident of a housing society in Indirapuram. "In several instances, purchasers of flats are not given the amenities promised to them at the time of signing of the agreement with the developer," added Kumar.

The PIL has urged upon the court to ensure that developers submit the mandatory 16-point "form of declaration" as contained within the rules, which specifies all amenities to be made available to the purchaser of a housing unit. The petitioner has also prayed for the court to declare all buildings having four or more apartments as under the ambit of Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Rules, 2011, irrespective of the date of construction of the building.

The rules had been notified by the state government of Uttar Pradesh in November 2011. Counsel for the petitioner, Sudipto Paul, said, "Proper implementation of the rules would ensure that arbitrary changes are not effected to the plans of any project without the consent of the authorities and the RWAs," added Paul.

Ghaziabad Development Authority, developers flouting UP Apartment Act: PIL - The Times of India