Announcement

Collapse
No announcement yet.

3C Lotus Boulevard by The 3C Company in Sector 100, Noida

Collapse
X
Collapse

3C Lotus Boulevard by The 3C Company in Sector 100, Noida

Last updated: 1 week ago
5426 | Posts
  • Time
  • Show
Clear All
new posts

  • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

    Legal aspect is slightly more complicated. Please have a look at the following;

    Hon’ble Supreme Court in the matter titled as DLF Ltd. Vs. Manmohan Lowe and Others passed on December 10, 2013 on “Community and Commercial Facilities like community centre, schools, shops etc.” delivered in favour of DLF against the residents under Haryana Apartment Ownership Act. The Supreme Court has stated in the present case that the “BUILDER REMAINS THE OWNER of the Community and Commercial Facilities like community centre, schools, shops etc.” and it is “ONLY THE RIGHT TO USE over such areas which is granted to the buyers/allottees”. The Supreme Court has also stated that the shops in such colony may also be thrown open to buyers coming from outside.

    Please have a look at the enclosed judgement.

    Originally posted by cookie View Post
    When a project has maximum investors and less end-users,This will go on like this. because investors don't care whether Builder is Adding Another building above the existing building.

    Investors make money and exit...
    Attached Files

    Comment


    • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

      Originally posted by vijvik_7 View Post
      If there is any protest/meeting planned. please post the details in this forum atleast 2-3 days in advance.
      Or is this getting discussed in some other forum - yahoo group or facebook page, pls let me know.



      Meeting LB main gate [Tower no. 7] :- All LB residents.

      10 AM Saturday, 1st Feb 2014

      Comment


      • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

        Pls Update Details for meeting 10:30 - 01.02.2014 Gate of T7

        https://docs.google.com/forms/d/1tEU...vQnbE/viewform

        Comment


        • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

          Originally posted by rajaji View Post
          Legal aspect is slightly more complicated. Please have a look at the following;

          Hon’ble Supreme Court in the matter titled as DLF Ltd. Vs. Manmohan Lowe and Others passed on December 10, 2013 on “Community and Commercial Facilities like community centre, schools, shops etc.” delivered in favour of DLF against the residents under Haryana Apartment Ownership Act. The Supreme Court has stated in the present case that the “BUILDER REMAINS THE OWNER of the Community and Commercial Facilities like community centre, schools, shops etc.” and it is “ONLY THE RIGHT TO USE over such areas which is granted to the buyers/allottees”. The Supreme Court has also stated that the shops in such colony may also be thrown open to buyers coming from outside.

          Please have a look at the enclosed judgement.
          Ah the wonders of the world. Does it make sense, they charge you for developing the common area and then sell it off to a private body.

          Comment


          • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

            Originally posted by rajaji View Post
            Legal aspect is slightly more complicated. Please have a look at the following;



            Hon’ble Supreme Court in the matter titled as DLF Ltd. Vs. Manmohan Lowe and Others passed on December 10, 2013 on “Community and Commercial Facilities like community centre, schools, shops etc.” delivered in favour of DLF against the residents under Haryana Apartment Ownership Act. The Supreme Court has stated in the present case that the “BUILDER REMAINS THE OWNER of the Community and Commercial Facilities like community centre, schools, shops etc.” and it is “ONLY THE RIGHT TO USE over such areas which is granted to the buyers/allottees”. The Supreme Court has also stated that the shops in such colony may also be thrown open to buyers coming from outside.



            Please have a look at the enclosed judgement.

            This judgement is in no way be considered for UP projects and also the same is a verdict given for a high rise complex in a 130 acre colony hence not applicable for GRoup housing either.

            Moreover there is a review petition filed by the aggrieved parties in SC

            Going legal should be the last option as it is time consuming. The unique and persistent public protests only help to get these builders set right and they would ever dare to do such illegal acts in the future.


            Join Greenopolis Welfare Association: Visit greenopolis.wix.com/our-gwa

            Comment


            • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

              Originally posted by krishna99 View Post
              This judgement is in no way be considered for UP projects and also the same is a verdict given for a high rise complex in a 130 acre colony hence not applicable for GRoup housing either.

              Moreover there is a review petition filed by the aggrieved parties in SC

              Going legal should be the last option as it is time consuming. The unique and persistent public protests only help to get these builders set right and they would ever dare to do such illegal acts in the future.


              Join Greenopolis Welfare Association: Visit greenopolis.wix.com/our-gwa
              Every state has its own apartment act so no order applies on whole country. Same even applies on parking. Reasoning of order will be reinterpreted in light of relevant state act and case.

              Comment


              • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

                Originally posted by rajaji View Post
                Legal aspect is slightly more complicated. Please have a look at the following;

                Hon’ble Supreme Court in the matter titled as DLF Ltd. Vs. Manmohan Lowe and Others passed on December 10, 2013 on “Community and Commercial Facilities like community centre, schools, shops etc.” delivered in favour of DLF against the residents under Haryana Apartment Ownership Act. The Supreme Court has stated in the present case that the “BUILDER REMAINS THE OWNER of the Community and Commercial Facilities like community centre, schools, shops etc.” and it is “ONLY THE RIGHT TO USE over such areas which is granted to the buyers/allottees”. The Supreme Court has also stated that the shops in such colony may also be thrown open to buyers coming from outside.

                Please have a look at the enclosed judgement.
                If this is TRUE then allottes of LB/LP can not do anything. 3C has every rights to allow outsiders to use its club and school. For allottes its a really matter of big security concern. In this case, allottes should request 3C to barricade club/school so that outsiders could not enter to the building premises. A very unprofessional approach by 3C...

                Comment


                • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

                  Reason of citing this judgement is only to educate people in case they intend to explore legal option or even meeting the management. In any case, everyone will interpret the judgement suiting to his/her interest but it makes matter complicated as struggle and time consumed is too high a cost to exercise legal option.

                  In this case, best option is to protest the way residents have been doing and become slightly more aggressive and try and create hurdles for the school and builder to arrive at some decision, although it will be difficult to convince builder. Needless to say, try and exhaust all option fast before moving on to legal recourse, which might be the only option left.

                  Originally posted by rahulkumar12 View Post
                  If this is TRUE then allottes of LB/LP can not do anything. 3C has every rights to allow outsiders to use its club and school. For allottes its a really matter of big security concern. In this case, allottes should request 3C to barricade club/school so that outsiders could not enter to the building premises. A very unprofessional approach by 3C...

                  Comment


                  • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

                    LB main gate has put school banner also...

                    Comment


                    • Re : 3C Lotus Boulevard by The 3C Company in Sector 100, Noida

                      This is an order by the highest court of the land and would be applicable to all areas in India as the judgement can be quoted in lower courts for granting relief to the builders. Also, this order is for a GH project within the bigger complex.

                      Quite a surprising judgment though.

                      I quite agree with you on legal being the last resort and putting pressure on the builder through other means.



                      Originally posted by krishna99 View Post
                      This judgement is in no way be considered for UP projects and also the same is a verdict given for a high rise complex in a 130 acre colony hence not applicable for GRoup housing either.

                      Moreover there is a review petition filed by the aggrieved parties in SC

                      Going legal should be the last option as it is time consuming. The unique and persistent public protests only help to get these builders set right and they would ever dare to do such illegal acts in the future.


                      Join Greenopolis Welfare Association: Visit greenopolis.wix.com/our-gwa

                      Comment

                      Tags: None
                      Have any questions or thoughts about this?
                      Working...
                      X