In a major relief for flat owners in Gurgaon and other areas of Haryana, the Punjab and Haryana High Court has asked the Director of Town and Country Planning (DTCP) to look into objections filed by residents of Silver Oaks Society in Gurgaon against their builder.

The verdict defines the status of common areas or properties in group housing complexes in the state.

The residents contend that the builder, DLF, sold off convenience shops, community centre and club, parking places and nursery school in the apartment complex to private parties.

On September 9, the High Court Bench of Justices Adarsh Kumar Goel and Daya Chaudhary asked the DTCP to reexamine the declaration filed by DLF under the Haryana Apartment Ownership Act, 1983, while transferring properties to buyers. “The competent authority (DTCP) is to be guided by provisions, objects and spirit of the Act,” the Bench observed.

Under the Act, an apartment owner acquires right of ‘undivided interest’ in common areas and facilities (including community centres, clubs, parking space and nursery etc) in the percentage specified as part of the declaration. The Act was first notified in 1986, and again in November 1997.

The DTCP has been given six months from the date of order — September 9 — to decide on the residents’ objections. The court also ordered that owners in Silver Oaks, which has 749 apartments, who were denied membership of the condominium association be permitted to join it. The verdict said fresh elections should be held in two months under the DTCP’s supervision.

... contd.