1. The document lists important dates related to apartment ownership acts in India from 1950 to 1987. 2. Key acts passed include the Maharashtra Ownership Flats Act (1963), Maharashtra Apartment Ownership Act (1970), Haryana Apartment Ownership Act (1983), and the Andhra Pradesh Apartments Act (1987). 3. These acts aimed to regulate construction and sale of apartments, provide individual ownership rights over apartments, and address duties and liabilities of promoters. However, some early acts had limited scope or ignored promoter responsibilities.

1. 1
LIST OF DATES APARTMENT OWNERS ACT V1.8
26.01.50 The Constitution of India adopted by the
Constituent Assembly on 26.11.1949 came into
force.
30.11.63 Punjab Govt. Gaz. Extra of the date published
Punjab Act No. 41 of 1963, The Punjab
Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act,
1963. (applies to Haryana). Section 2(2)
“Amenity” includes roads, water-supply, street
lighting, drainage, sewerage, public parks and
any other convenience which the Government
may by notification specify for the purposes of
this Act; Section 5(2)(b) - the allotment or
reservation of land for roads, open spaces,
gardens, recreation grounds, schools, markets and
other public purposes; Section 5(2)(g) - the
amenities to be provided in relation to any site or
building on such site whether before or after the
erection or re-erection of buildings and the person
or authority by whom such amenities are to be
provided; [Rajinder Singh v State of Haryana
2005 (1) RCR (Civ) 249 (SC)]
16.12.63 Maharashtra Govt. Gaz. Extra of the date
published Maharashtra Act No. XLV of 1963,

2. 2
The Maharashtra Ownership Flats (Regulation of
the promotion of construction, sale, management
and transfer) Act, 1963. (Amended by
Maharashtra Act No. 29 of 1964, 1 of 1966, 2 of
1968, 11 of 1970, 15 of 1971, 5 of 1973, 53 of
1974 (1-1-1975), 66 of 1977, 1 of 1979, 9 of
1981, 6 of 1982 (12-2-1982), 13 of 1983, 5 of
1984 (1-2-1984), 6 of 1985 (20-2-1985), 12 of
1986 (30-1-1986), 36 of 1986 (13-4-1987), 15 of
1990 (17-3-1990) & 10 of 1995 (1-4-1995).) An
Act to regulate for a certain period, in the State of
Maharashtra, the promotion of the construction
of, the sale and management, and the transfer of
flats on ownership basis. MOFA, 1963 was the
pioneering legislation (but only a partial and
limited one) on apartments in India basis the
Housing Act, 1961 (30.06.61- passage of Section
234 of the 1961 Housing Act, Public Law 87-70,
87th U.S. Congress, resulting in a system of
property ownership that enabled an individual to
own, mortgage or sell an apartment unit with
relatively the same ease as he could with a single-
family dwelling), [See also The Conveyancing
(Strata Titles) Act, 1961 (Australia 01.07.61)]

3. 3
26.05.65 Punjab Govt. Notification No. G.S.R. 105/P.A.
41/63/S. 25/65 of the date notified The Punjab
Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Rules,
1965. Rule 8(ii)(b) – areas reserved for public
and community amenities, such as civic centres
and educational, recreational and social
institutions and major open spaces; Rule 11(1)(v)
– Layout plan……showing……sites reserved for
open space community buildings and
schools……. Rule 12 – In the layout plan of the
colony, the land reserved for roads, open spaces,
schools, public and community buildings and
other common uses shall not be less than forty-
five percentum of the gross area of the land under
the colony……. Rule (19)(e) - undertake to
construct at his own cost, or get constructed by
any other institution or individual at its own cost,
schools, hospitals, community centers and other
community buildings on the land set apart for this
purpose or undertake to transfer to the State
Government at any time it may desire free of cost
the land set apart for schools, hospitals,
community centers and community buildings, in
which case the Government shall be at liberty to

4. 4
transfer such land to any person or institution
including a local authority on such terms and
conditions as it may deem fit,.. Form CL II (See
Rule 19) (b) - That the coloniser shall at his own
cost construct or get constructed by any other
institution or individual at its cost, schools,
hospitals, community centers and other
community buildings on the land set apart for this
purpose, or if so desired by the Government, shall
transfer to it any time it may desire free of cost
and thus set apart for schools, hospitals,
community centers and community buildings, in
which case the Government shall be at liberty to
transfer such land to any person or institution
including a local authority on such terms and
conditions as it may lay down.
01.11.66 Gaz. Of India dated 18.09.66 published Act No.
31 of 1966 notified The Punjab Reorganisation
Act, 1966. State of Haryana formed on the date,
01.11.66.
19.02.71 Maharashtra Govt. Gaz. Extra of the date
published Maharashtra Act No. XV of 1971, The
Maharashtra Apartment Ownership Act, 1970.
(Amended by Maharashtra Act No. 6 of 1974
(13-3-1974), 53 of 1974 (1-1-1975), & 14 of

5. 5
1986 (31-1-1986).) An Act to provide for the
ownership of an individual apartment in a
building and to make such apartment heritable
and transferable property. MAOA, 1970 became
necessary because MOFA, 1963 lacked certain
key provisions qua individual rights over
common areas and facilities.
06.06.73 The West Bengal Apartment Ownership Act,
1972 (Act 16 of 1972) came into force vide
Notification No. 547-H.I.V. dated 6th June 1973
published in the Calcutta Gazette, Extraordinary,
Part I dated 6th June 1973, page 2017. It is
narrower in scope than GOFA 1973 and similar
to HAOA 1983 in that it also ignores the aspect
of duties and liabilities of promoters. The West
Bengal Building (Regulation of Construction and
Transfer by Promoters) Act, 1993 (Act XX of
1993) remedied this aspect 20 years later.
28.06.73 Gujarat Govt. Gaz. Extra of the date published
Maharashtra Act No. 13 of 1967, The Gujarat
Ownership Flats Act, 1973. An act to regulate
promotion of the construction of, and the sale,
management and transfer of, flats on ownership
basis and to provide for the ownership of an
individual apartment and to make such apartment

6. 6
heritable and transferable. It was a judicious
amalgamation of MOFA, 1963 & MAOA, 1970
which obviates frequent judicial interpretation
noticed in Maharashtra due to perceived (not
actually) conflicting provisions.
02.07.73 Haryana Govt. Gaz. of the date published
Haryana Act No. 24 of 1973, The Haryana
Municipal Act, 1973. (Section 203C (3) (b) –
“reservation of land for roads, open spaces,
gardens, recreation grounds, schools, markets and
other public purposes;”)
30.01.75 Haryana Govt. Gaz. Extra of the date published
Haryana Act No. 8 of 1975, The Haryana
Development and Regulation of Urban Areas
Act, 1975. (Major Amendment vide Haryana Act
No 11 of 2003 (28-3-2003), 16 of 2010 (30-9-
2010), 4 of 2012 (3-4-2012), Bill dated 1-3-2013
ratified by legislature on 11-1-2013 this last sets
up a Haryana Infrastructure Development Board)
01.04.75 The Karnataka Ownership (Regulation of the
Promotion of Construction, Sale, Management
and Transfer) Flats Act, 1972 (Act 16 of 1973)
came into force w.e.f. 1.4.1975 vide notification
No. FD 27 KHB 75, dated 6.3.1975. It is similar
to MOFA 1963. (Published in the Karnataka

7. 7
Gazette Part IV -2A (Extraordinary) No. 580
dated 2-12-1972) The Karnataka Apartment
Ownership Act, 1972 (Act 17 of 1973) came into
force w.e.f. 1.4.1975 vide notification No. FD 28
KHB 75, dated 6.3.1975. It is similar to MAOA
1970. For statement of Objects and Reasons see
the Karnataka Gazette Part IV -2A
(Extraordinary) No. 579 dated 2-12-1972 at page
21 to 24. "Consequent upon the shortage of lands
in urban areas, the majority of the citizens of
urban areas of the State cannot think in terms of
owning houses on individual basis. Though there
is a tendency to construct multi-storeyed flats,
apartments and the like on ownership basis,
intending persons cannot purchase flats,
tenements, or apartments in multistoried building
as they will not have a marketable title thereto
and cannot obtain any loan by mortgaging such
flats, tenements, etc. Consequently tenements
constructed by the Housing Board for example
cannot be sold to the tenants who cannot raise
any loan on the security of such tenements with
the result that an enormous amount of capital will
be locked up, which can be utilised for new
constructions to meet the increasing demands for

8. 8
housing. It is, therefore, considered expedient that
each apartment should for all purposes constitute
a heritable and transferable immovable property,
and that suitable legislation should provide for all
matters connected therewith. It is felt that such a
measure will not only enable many a person to
own his apartment but it will at the same time
enable institutions like Housing Boards to utilise
their locked up capital in the construction of new
buildings."
07.03.76 Haryana Govt. Notification No. G.S.R. 107H.A.-
875S. 2476 of the date notified The Haryana
Development and Regulation of Urban Areas
Rules, 1976.
23.03.77 Haryana Govt. Gaz. of the date published
Haryana Act No. 13 of 1977, The Haryana Urban
Development Authority Act, 1977. (Major
amendment vide Act No. 12 of 2004 (11-6-2004)
(setting it up as a local development authority-
violation of Part IXA of the Constitution of India)
06.01.79 Himachal Pradesh Apartment Ownership Act,
1978. (Received the assent of the President of
India on the 18th December, 1978 and was
published in R.H.P. Extra., dated the 6th January,
1979, P.93-99). An Act to provide for the

9. 9
ownership of an individual apartment and to
make such apartment heritable and transferable
property, in Himachal Pradesh. It is narrower in
scope than GOFA 1973 and similar to HAOA
1983 in that it also ignores the aspect of duties
and liabilities of promoters.
28.09.83 Haryana Govt. Gaz. Extra of the date published
Haryana Act No. 10 of 1983, The Haryana
Apartment Ownership Act, 1983. (Major
amendment vide Act No. 10 of 2002 (19-4-2002)
(definition of apartment). An Act to provide for
the ownership of an individual apartment in a
building and to make such apartment heritable
and transferable property and matters connected
therewith. Statement of Objects and Reasons
“Housing is a basic human necessity and the
quality of the house as well as of its environment
plays an important role in the growth of
individuals, both physically and mentally. One of
the root cause, of the present day discontent and
unrest in the working force as well as the
students, in our society, is the lack of proper
quality of life and the living environment in the
settlements. The widening gap between the rising
population and the housing stock added every

10. 10
year has gradually reached such a critical stage
that the problem of providing proper shelter and
desirable standard of living seems to be beyond
solution. The efforts made by the Government as
well as different agencies have not made much
dent into the problem. Haryana is predominantly
an agricultural State, it is not advisable to use
fertile lands more and more for housing purposes
which ultimately will tell upon the production of
foodgrain. It is essential that for solving the
housing problem economy in the use of land as
well as in the use of Capital Investment should be
observed, for which Group Housing will have to
be promoted. Therefore, for the promotion of
Group Housing, it is necessary that the State
should have some statute to control the building
activities as well the ownership right.” HAOA,
1983 (ditto copy of MAOA, 1970 which is
essentially an amendment / enhancement to/ of
MOFA, 1963) is a flawed legislation requiring
extensive interpretation due cherry picking of
legislation by notifying only MAOA, 1970 but
ignoring the main act i.e. MOFA, 1963. It is well
settled that when there is an identified gap in
beneficial legislation it is to be filled keeping

11. 11
regard to its international/ national historical
background in other States of India (and abroad if
need be). (Anju Garg v Hotel Association of
India AIR 2008 SC 663, 2008 (3) SCC 1) The
gaps in HAOA, 1970 have therefore to be/ have
been filled up qua MOFA, 1963/GOFA, 1973 etc.
In Anju Garg v Hotel Association of India AIR
2008 SC 663, 2008 (3) SCC 1 it was held:
“In Liverpool & London S.P. & I. Association
Ltd. v. M.V. Sea Success I & Anr. [(2004) 9
SCC 512], this Court had to interpret the
meaning and import of the word ‘necessaries’
used in Section 5 of the Admiralty Court Act,
1861. The Court while importing the meaning
of the same through Foreign (American) Court
decisions, opined:
"It is true that this Court is not bound by
the American decisions. The American
decisions have merely a persuasive value
but this Court would not hesitate in
borrowing the principles if the same is in
consonance with the scheme of Indian law
keeping in view the changing global
scenario. Global changes and outlook in
trade and commerce could be a relevant

12. 12
factor. With the change of time, from
narrow and pedantic approach, the court
may resort to broad and liberal
interpretation. What was not considered to
be a necessity a century back, may be held
to be so now."”
01.08.85 The Kerala Apartment Ownership Act, 1983 (Act
15 of 1984) came into force w.e.f. 1.8.1985 vide
Kerala Gaz No. 6 dt 7-2-1984 (Kerala Gaz Extra
No.39 dt 12-1-1984). It is narrower in scope than
GOFA 1973 and similar to HAOA 1983 in that it
also ignores the aspect of duties and liabilities of
promoters. However the Kerala Apartment
Ownership Rules, 1994 came into force as late as
15.03.1994. Even now the area of apartment is an
undefined approximation (perhaps the only State
to default on such a vital parameter) which is
hunting ground for unscrupulous promoters.
23.05.87 The Andhra Pradesh Apartments (Promotion of
Construction and Ownership) Act, 1987 (Act 29
of 1987). Recieved the assent of the President on
the 15th May 1987. For statement of Objects and
Reasons see Andhra Pradesh Gazette, Part IV-A
Extraordinary dt 7th January 1987 at Page 19. An
Act to regulate in the State of Andhra Pradesh the

13. 13
Promotion of Construction and Transfer of
Ownership of Apartments. It is similar in scope to
GOFA 1973 and wider than HAOA 1983 in that
it enforces duties and liabilities of promoters.
17.11.87 The Delhi Apartment Ownership Rules, 1987
published vide MoUD, Lands Division, Central
Government Notification No. G.S.R. 914(E) dt
17th November 1987. These are very similar to
the Haryana Apartment Ownership Rules, 1987.
20.11.87 Haryana Govt. Notification No. G.S.R.
100/H.A.10/83/S. 25/87 of the date notified The
Haryana Apartment Ownership Rules, 1987.
(Major amendment vide Haryana Govt. Gaz.
Extra Notification dated 20.01.2003 at page 120.)
06.01.89 The Delhi Apartment Ownership Act, 1986 (Act
No. 58 of 1986) came into force. (Gazette of
India Extraordinary, Part II, Section 1A, No. 1,
Volume XXV dt 6th January 1989 on pages 3 to
22.). Statement of Objects and Reasons gives one
of the reasons as difficulty faced by owners of
"flats constructed by agencies like the Delhi
Development authority.” It is narrower in scope
than GOFA 1973 and similar to HAOA 1983 in
that it also ignores the aspect of duties and
liabilities of promoters.

14. 14
13.12.91 Rule published by Haryana Govt. in terms
whereof a condition was imposed by way of
condition (e) in the license granted in LC IV. No
third party rights will be created without prior
permission of DTCP. The condition was otiose
and superfluous since Section 3(3)(iv) already
placed onerous condition barring transfer at any
time the land set apart for these public common
use purposes to anyone except the Government
free of cost thus attracting the mischief of Section
11 of the Transfer of Property Act, 1882 read
with Section 18 thereof. See also public trust
doctrine. [Velu Pandaram vs Gnanasambanda
Pandara Sannadhi (1896) ILR 19 Mad 243
reversed by Privy Council in Gnanasambanda
Pandara Sannadhi v. Velu Pandaram I.L.R.
[1900] 23 Mad. 271, (1899) 10 M.L.J. 29, L.R.
27 I.A. 69, K.S. Bonnerji v. Sitanath Das (1922)
24 BOMLR 565, 491 A. 46 (9), Menakuru
Dasartharami Reddi v. Duddukuru Subba Rao,
AIR 1957 SC 797, Sheikh Abdul Kayum v. Mulla
Alibhai AIR 1963 SC 309, 1963 SCR (3) 623,
DLF Housing and Construction Pvt. Ltd. v. Delhi
Municipal Corporation, ILR 1969 Delhi 1055, S.
Shanmugam Pillai v. K. Shanmugam Pillai AIR

15. 15
1972 SC 2069, [1973] 1 SCR 570, Gopala Menon
v. Sivaraman Nair AIR 1979 SC 1345, (1981) 3
SCC 586, Additional Commissioner Of Income
Tax Surat v. Surat Art Silk Cloth Mfrs Assoc.
AIR 1980 SC 387, [1980] 2 SCR 77 (Constitution
Bench), Arjansingh v. Deputy Mal Jain 22 (1982)
DLT 14, ILR 1982 Delhi 11, 1982 RLR 60] and
duty of authorities concerned - “The authority
empowered to function under a statute while
exercising power discharges public duty. It has to
act to subserve general welfare and common
good.” [Lucknow Development Authority v.
M.K. Gupta (1994) 1 SCC 243]
01.06.93 Part IXA of the Constitution of India came into
force on the day vide Section 2 of the
Constitution (Seventy-fourth Amendment) Act,
1992.
09.02.94 DTCP issued a letter to DLF not to create fourth
party rights on community sites where third party
rights have been created prior to 07.08.1991.
20.10.94 Haryana Govt. Gaz. of the date published
Haryana Act No. 16 of 1994, The Haryana
Municipal Corporation Act, 1994. (Section 231
(1) (b) of the Haryana Municipal Corporation Act
1994 - "the reservation or allotment of any site

16. 16
for any street, open space, park, recreation
ground, school, market or any public purpose;"
which is similar to Section 313(1) (b) of The
Delhi Municipal Act, 1957.) [Arjansingh And
Ors. vs Deputy Mal Jain And Ors. 22 (1982) DLT
14, ILR 1982 Delhi 11, 1982 RLR 60]
25.10.94 State of Haryana issued instructions regarding
transferring of community sites. Three categories
were created: (i) community sites still in the
ownership of coloniser (ii) colonisers have
created third party rights before 07.09.1991 (iii)
Licensee has created fourth party rights. These
instructions are also otiose in that Section 11 of
Transfer of Property Act, 1882 bars any such
transfer of land reserved for public purpose.
06.04.95 Tamil Nadu Apartment Ownership Act, 1994.
(Act No. VII of 1995) came into force on the date
in some areas of the State, being later extended
across the State. It is narrower in scope than
GOFA 1973 and similar to HAOA 1983 in that it
also ignores the aspect of duties and liabilities of
promoters.
15.10.95 The Punjab Apartment and Property Regulation
Act, 1995 (Punjab Act No. 14 of 1995) (Received
the assent of the President of India on the 2nd

17. 17
August, 1995, and was published in the Punjab
Gazette, (Extra.), Legislative Supplement, Part I,
dated August 9, 1995) Came into force on
15.10.95 vide Notification: No 2/3/92-
2HGIV5080 dated 13th October, 1995. An Act
to regulate the promotion of the construction,
sale, transfer and management of apartments on
ownership basis, to regulate colonies and
property transactions and to provide for
registration of promoters and estate agents and
enforcement of obligations of promoters and
estate agents and for matters connected therewith
or incidental thereto. Statement of Objects and
Reasons - "For some time past the problem of
controlling the activities of the private colonisers
engaged in the construction of apartments and
sale of plots has been engaging the attention of
the State Government. Some of the private
colonisers are operating solely with the motive of
profits with scant regard to the interest and
rights of the individual buyers of plots /flats.
In order to check, control and regulate
effectively the activities of such private
colonisers and protect the interests of the
consumers, the Government felt the need to

18. 18
formulate a law. The National Housing Policy
also stipulates a larger role for the private
initiative in adding to the Housing stock and
serviced land for housing which also needs a
progressive law which encourages construction of
houses/development of plots by the private
parties and fully protects the interest of the buyers
of plots/flats." The Punjab Apartment Ownership
Act, 1995 (Punjab Act No. 13 of 1995) was also
passed so as to provide for the ownership of an
individual apartment in a building together with
an undivided interest in the common areas and
facilities appurtenant to such apartment to make
such apartment and interest heritable and
transferable, to enforce obligations on promoters
and apartment owners, and to provide for matters
connected therewith or incidental thereto.
13.02.96 Addenda (The Haryana Development and
Regulation of Urban Areas Act, 1975) Time
schedule of 3 years to apply to all sites where
third and fourth party rights have been created
before 07.08.1991.
19.04.02 Haryana Govt. Gaz. of the date published Haryana
Act No. 10 of 2002, amending The Haryana
Apartment Ownership Act, 1983. (Definition of

19. 19
Apartment expanded to include independent units
of types as may be prescribed of residence, office,
and manufacturing etc relating to Information
Technnology) Section 3(a) -“Apartment” means a
part of a property, intended for any type of
independent use, including building having one
or more rooms with enclosed spaces located on
one or more floors or any part or parts thereof, to
be used for residence, office or for practicing any
profession or for carrying on any occupation,
trade, business or manufacturing or other uses
relating to Information Technology or for such
other type of independent use, as may be
prescribed, with a direct exit to a public street,
road or highway or to a common area leading to
such street, road or highway and includes any
garage or room (whether or not adjacent to the
building in which such apartment is located)
provided by the colonizer/owner of such
property for use by the owner of such apartment
for parking any vehicle or for the residence of
any person employed in such apartment, as the
case may be.
01.05.02 Bureau of Indian Standards published IS
3861:2002 METHOD OF MEASUREMENT OF

20. 20
PLINTH, CARPET AND RENTABLE AREAS
OF BUILDINGS (Second Revision) mentioning
in the Foreword "This standard disallows the use
of non-standard terminologies like super built
areas." Licensing and building permissions are
subject to adherence to National Building Code
of India, 2005 and all relevant Indian Standards
for buildings.
28.03.03 Haryana Govt. Gaz. of the date published
Haryana Act No. 11 of 2003, amending The
Haryana Development and Regulation of Urban
Areas Act, 1975. (cyber city, development costs
deposit in bank etc). Also Section 2(g) -
“External development works” include water
supply, sewerage, drains, necessary provisions of
treatment and disposal of sewage, sullage and
storm water, roads, electrical works, solid waste
management and disposal, slaughter houses,
colleges, hospitals, stadium/sports complex, fire
stations, grid sub-stations etc. and any other work
which the Director may specify to be executed in
the periphery of or outside colony/area for the
benefit of the colony/area; Section 2(gg) - “Flat”
means a part of any property, intended to be used
for residential purposes, including one or more

21. 21
rooms with enclosed spaces located on one or
more floors, with direct exit to a public street or
road or to a common area leading to such streets
or roads and includes any garage or room whether
or not adjacent to the building in which such flat
is located provided by the colonizer/owner of
such property for use by the owner of such flat
for parking any vehicle or for residence of any
person employed in such flat, as the case may be;
Section 2(hh) - “Group housing” means a
building designed and developed in the form of
flats for residential purpose or any ancillary or
appurtenant building including community
facilities, public amenities and public utility as
may be prescribed; Section 5(1) - The colonizer
shall deposit thirty per centum of the amount
released (realized), from time to time, by him,
from the plot-holders within a period of ten days
of its realization in a separate account to be
maintained in a scheduled bank. This amount
shall only be utilized by him towards meeting the
cost of internal development works in the colony.
After the internal development works of the
colony have been completed to the satisfaction of
the Director, the colonizer shall be at liberty to

22. 22
withdraw the balance amount. The remaining
seventy per centum of the said amount shall be
deemed to have been retained by the colonizer,
inter-alia, to meet the cost of land and external
development works.
23.09.06 The Bihar Apartment Ownership Act, 2006.
(Bihar Gaz No. Patna 748 dated 23.09.2006 &
No. LG 1-022106 Leg- 218 dt 22.09.2006.). An
Act to provide for the ownership of an individual
Apartment in a multi-storied building and of an
undivided interest in the common areas and
facilities appurtenant to such Apartment and to
make such payment and interest heritable and
transferable and for matters connected therewith
or incidental thereto. It is similar in scope to
GOFA 1973 and wider than HAOA 1983 in that
it enforces duties and liabilities of promoters.
29.01.07 Clause 11 (g) & (h) came into the rules whereby
LC IVA made applicable to GHS Colony, LC
IVB to plotted colony etc.
03.04.07 Haryana Govt. Gaz. of the date published
Haryana Act No. 5 of 2007, amending The
Haryana Development and Regulation of Urban
Areas Act, 1975. (Sec 3A – Infrastructure

23. 23
Development Charges substituted for External
Development Charges)
09.09.09 In CWP No.960 of 2000 Manmohan Lowe v
State of Haryana decided on 09.09.09, the Punjab
& Haryana High Court (D.B.) held:"21. In view
of shortage of land in urban areas, concept of
apartments has been evolved. Town Planning
laws require development of apartments in
accordance with a plan and the apartment laws
apart from making apartments heritable and
transferable, provide safeguards for the apartment
owners for their shared use of common area. If
shared use of common areas is not allowed, the
concept of apartments may not be workable as
persons living on different floors require certain
services in the complex itself. Purchasers of
apartments are also attracted by the services
available in a complex and are directly or
indirectly made to pay for such services. It is not
the intention of the legislature that the developer
assumes absolute power of declaring or not
declaring areas, normally in common use, to
be common areas. Section 11, which deals with
contents of declaration, cannot be read as giving
absolute power to the developer to exclude

24. 24
common areas from the said concept. To advance
the social objective for which the law is enacted,
the competent authority before which declaration
is filed must be held to have power to consider
objections of apartment owners as to whether
particular area, which is normally in
common use, could be described otherwise.
Requirement of making declaration implies that
the declaration must be consistent with the spirit
of the Act."
18.03.09 Haryana Govt. Gaz. of the date published
Haryana Act No. 5 of 2009, amending The
Haryana Development and Regulation of Urban
Areas Act, 1975. (Sec 3 (4) - Validity of license 4
years extendable 2 years at a time without limit
on payment of prescribed fee – condition of
recording reasons removed)
03.02.10 Memo No:- LC -147-7/16/2006-2TCP of the date
issued by DTCP Haryana (EWS flats - The
colonizers are also allowed to allot 5% of total
number of plots/flats reserved for EWS
Categories to any eligible person.)
19.03.10 Uttar Pradesh Apartment (Promotion of
Construction, Ownership, and Maintenance) Act,
2010 came into force. "Housing is a basic human

25. 25
necessity and the quality of the house as well, as
of its environment plays an important role in the
growth of individuals, both physically and
mentally. The widening gap between the rising
urban population and the housing stock added
every year has gradually reached such a critical
stage that the problem of providing proper shelter
and desirable standard of living seems very
difficult to be solved. Moreover, majority of the
citizen of urban areas of the State cannot think in
terms of owning houses on individual basis
because of the shortage of land in the urban areas.
The efforts made by the Government as well as
different agencies have not made much dent into
the housing problem. Uttar Pradesh is
predominantly an agricultural State; it is not
advisable to use fertile lands more for housing
purposes which ultimately will affect the
production of food grains. It is essential that for
solving housing problem economy in the use of
land as well as in the use of capital investment
should be observed, for which Group Housing
development will have to be promoted. With a
view to promoting the Group Housing, it has
been decided to make a law to provide for the

26. 26
ownership of an individual apartment in a
building of an undivided interest in the common
areas and facilities appurtenant 'Of such'
apartment and to make such apartment and
interest heritable and transferable." Section 3 (p)
of this Act appears to be violative of the very
same social concept that gave rise to law of
apartments in early twentieth century - "(p)
"independent areas" means the areas which have
been declared but not included as common areas
for joint use of apartments and may be sold by the
promoter without the interference of other
apartment owners;" No Government authority
should sit in judgment over rights of apartment
owners over the transferable land parcel which is
the basis of the common areas concept of
heritable apartments as such executive function
attracts the mischief of Article 300A. [K.T.
Plantation (P) Ltd. v. State of Karnataka (2011) 9
SCC 63, Ambika Prasad Mishra v. State of U.P.
(1980) 3 SCC 719]
30.09.10 Haryana Govt. Gaz. of the date published
Haryana Act No.16 of 2010, amending The
Haryana Development and Regulation of Urban
Areas Act, 1975. Amendment passed by Haryana

27. 27
Legislative Assembly on the date – in Section 3
The Haryana Development and Regulation of
Urban Areas Act, 1975:
(6) After the coloniser has laid out the colony in
accordance with the approved layout plan and
executed the internal development works in
accordance with the approved design and
specifications, he may apply to the Director for
grant of completion or part-completion
certificate. The Director may enquire into such
matters, as he deems necessary before granting
such certificate.
(7) After enquiry under sub-section (6), the
Director may, by an order in writing, grant
completion or part-completion certificate on such
terms and conditions and after recovery of
infrastructure augmentation charges, as may be
prescribed:
Provided that where in the agreement executed to
set up a colony, a condition was incorporated for
deposit of surplus amount beyond maximum net
profit @ 15% of the total project cost and the
coloniser has not taken the completion certificate
of the said project, then notwithstanding the said
condition in the agreement, the coloniser shall

28. 28
have the option either to deposit the infrastructure
augmentation charges as applicable from time to
time at any stage before the grant of such
completion certificate and get the exemption of
the restriction of net profit beyond 15% or deposit
the amount as per terms of the agreement.}
16.11.11 The Uttar Pradesh Apartment (Promotion of
Construction, Ownership and Maintenance)
Rules, 2011 notified on the date vide Notification
no. 3975/8-1-11-115D.A./02T.C.-I dated 16
November, 2011.
03.04.12 Haryana Govt. Gaz. of the date published Haryana
Act No. 4 of 2012, amending The Haryana
Development and Regulation of Urban Areas
Act, 1975:
1. This Act may be called the Haryana
Development and Regulation of Urban Areas
(Amendment and Validation) Act, 2012.
2. In clause (a) of sub-section (3) of section 3 of
the Haryana Development and Regulation of
Urban Areas Act, 1975 (hereinafter called the
principal Act),-
(i) for sub-clause (iv):
‘(iv) to contruct at his own cost, or get
constructed by any other institution or individual

29. 29
at its cost, schools, hospitals, community centers
and other community buildings on the lands set
apart for this purpose, or to transfer to the
Government at any time, if so desired by the
Government, free of cost the land set apart for
schools, hospitals, community centers and
community buildings, in which case the
Government shall be at liberty to transfer such
land to any person or institutions including a
local authority on such terms and conditions as it
may deem fit;’
the following sub-clause shall be substituted,
namely:-
“(iv) to construct at his own cost, or get
constructed by any other institution or individual
at its cost, schools, hospitals, community centres
and other community buildings on the lands set
apart for this purpose, in a period as may be
specified, and failing which the land shall vest
with the Government after such specified period,
free of cost, in which case the Government shall
be at liberty to transfer such land to any person or
institution including a local authority, for the said
purposes, on such terms and conditions, as it may
deem fit:

30. 30
Provided that in case of licenses issued prior to
the notification of the Haryana Development and
Regulation of Urban Areas (Amendment and
Validation) Act, 2012, the licensee, the purchaser
or the person claiming through him shall
construct the school, hospital, community centres
and other community buildings on the land set
apart for this purpose, within a period of four
years, extendable by the Director by another
period of two years, for reasons to be recorded in
writing, from the notification of the Haryana
Development and Regulation of Urban Area
(Amendment and Validation) Act, 2012:
Provided further that at the end of the period as
specified under the proviso, if the site is not
utilised for the purpose, it was meant for, the land
shall vest with the Government and in which
case, the Government shall be at liberty to
transfer such land to any person or institution
including a local authority, for the said purposes,
on such terms and conditions, as it may deem fit:
Provided further that a show cause notice and an
opportunity of hearing shall be issued before
vesting the land in the Government.";

31. 31
(ii) after sub-clause (iv), the following sub-clause
shall be inserted and shall be deemed to have
been inserted with effect from the 30th January,
1975, namely:-
“(iv-a) to pay proportionate cost of construction
of such percentage of sites of such school,
hospital, community centre and other community
buildings and at such rates as specified by the
Director;".
Insertion of section 10A in Haryana Act 8 of
1975
3. After section 10 of the principal Act, the
following section shall be inserted, namely:-
“10-A. Recovery of dues.-- All dues payable
under the Act, which have not been deposited
within the time specified, shall be recovered as
arrears of land revenue.".
Insertion of section 23A in Haryana Act 8 of
1975.
4. After section 23 of the principal Act, the
following section shall be inserted, namely:-
“23A. Power to issue directions.-- The Director,
with the approval of the Government, may, from
time to time and/or under the directions issued
under section 9A by the Government, shall, issue

32. 32
directions as are necessary or expedient for
carrying out the purposes of this Act.".
5. (1) Notwithstanding any judgement, decree or
order of any court or tribunal or other authority to
the contrary, any action taken with regard to the
recovery of proportionate cost of construction of
such schools, hospitals, community centres and
other community buildings, either through the
issuance of executive instructions or through
condition prescribed in the Bilateral Agreement
executed at the time of grant of licence or through
any undertaking obtained from the coloniser, or
any action taken or things done or purporting to
have been taken or done, before the
commencement of the Haryana Development and
Regulation of Urban Areas (Amendment and
Validation) Act, 2012, shall be deemed to be as
valid and effective as if such action was taken or
done in accordance with the provisions of the
Haryana Development and Regulation of Urban
Areas (Amendment and Validation) Act, 2012
and any executive instructions or any Bilateral
Agreement or any undertaking obtained in this
regard and all such recoveries made, shall be
deemed to be as valid and effective as if such

33. 33
Bilateral agreement were executed, or executive
instructions were issued or undertakings were
obtained or recoveries were made in accordance
with the provisions as amended and validated in
accordance with the provisions contained in the
Haryana Development and Regulation of Urban
Areas (Amendment and Validation) Act, 2012,
and shall not be called in question in any court or
tribunal or other authority:
Provided that the amount already deposited
against the cost of construction of the community
buildings shall be spent on the construction of
such community buildings or related
infrastructure within a period of five years
hereafter, unless any further extension is allowed
under exceptional circumstances by the
Government after recording reasons thereof, and
accordingly,—
(i) all acts, proceedings or things done or action
taken by the Government or by any other official
of the Government or by any authority, in
connection with the recovery of cost of
construction of such schools, hospitals,
community centres and other community
buildings by the Director either through issuance

34. 34
of executive instructions or through condition
prescribed in bilateral agreement or through any
undertaking obtained from coloniser, for all
purposes be deemed to be and to have always
been done or taken in accordance with law;
(ii) no suit or other proceedings shall be
maintained or continued in any court or before
any authority for the refund of any such amount
already deposited or for nullification of Bilateral
agreement already made, executive instructions
already issued and undertaking obtained; and
(iii) no court or authority shall enforce a decree or
order directing the refund of any such recovery of
cost of construction of such schools, hospitals,
community centres and other community
buildings so charged or for nullification of
bilateral agreement executed or any executive
instructions issued or any undertaking obtained in
this regard.
(2) Notwithstanding any judgement, order or
decree of any court or tribunal or other authority
to the contrary, if a licensee who deposited the
cost of construction, full or part, on the demand
of Government and later took the refund under a
judgment, order or decree passed by court or

35. 35
tribunal or any other authority, the Government
may, after the notification of the Haryana
Development and Regulation of Urban Areas
(Amendment and Validation) Act, 2012, order the
recovery of the amount of construction of which
the refund has been taken by the licensee under
such judgment, order or decree, after giving a
show cause notice and an opportunity of being
heard.
24.06.12 Memo No. LC-147-II/2012/7/16/2006-2TCP of
the date (EWS flats - The allotment of residential
units constructed in Group Housing Colonies will
be done by the colonizers as per the policy dated
03.02.2010.)
08.07.13 Memo no. LC-147- 7/16/2006-2TCP of the date
(EWS flats - policies issued vide memo no. LC-
147-7/16/2006-2TCP dated Chandigarh the 3rd
Feb, 2010 and vide memo no. LC-147-
II/2012/7/16/2006-2TCP dated 14.06.2012 have
been reviewed and in supersession of these
policies, the following comprehensive policy is
framed:-
2.1 Quota of EWS flats: The licensee shall
reserve 15% of total number of residential flats in
Group Housing colony for allotment to

36. 36
economically weaker section/lower income group
category.) AUTHOR NOTE: Earlier condition of
"The colonizers are also allowed to allot 5% of
total number of plots/flats reserved for EWS
Categories to any eligible person." has been
silently deleted. There is no mention at all of the
LC-IVA condition (a): a) That in case of group
housing adequate accommodation shall be
provided for domestic servants and other services
Population of economically weaker section and
number of such dwelling units shall not be less
than 10% of the number of main dwelling units
and the area of such a unit shall not be less than
140 square feet., which will cater to the minimum
size of the room along with bath and water closet.
hence apartment owners are denied the mandate
of Section 3(f)(iv) “The premises for the lodging
of janitors or persons employed for management
of the property;”