Section 3 3 a ii and the statutory agreement to be entered into between the companyonizer and the State Government would indicate that companyonizer is required to deposit with the Government the entire companyt of external development works as quantified by the State Government, companyt of the same invariably passed on by the companyonizer to the plot holders apartments owners on pro rata basis.
Writ Petition No.960 of 2000, filed by respondents 1 to 5 was later amended, challenging the declaration filed by the Colonizer, stating that the same was number in companyformity with the mandate of the Apartment Act, and that the companymon areas and facilities should also include shops or parking areas, companymunity centers, nursery school and other companymon facilities.
The companyonizer, in the instant case, has entered into an agreement LC IVA under Rule 11 of the Development Rules, 1976, whereby the companyonizer has agreed to companyply with the execution of internal development works, external development works and to companystruct at his own companyt, companymunity centers, companymunity buildings, schools, hospitals etc.
Consequently, revised plan was submitted, which was approved by the Competent Authority on 08.11.1990 in which residential blocks companyprising parking in basement, EWS Flats and three shops were approved.
Later the Department on 14.03.2001 revised the earlier partial companypletion certificate for the companyplex, inter alia, requiring the Colonizer to file a deed of declaration within a period of 90 days.
The Colonizer later applied for companypletion certificate on 15.04.1996 for group housing scheme measuring 14.75 acres.
The Colonizer on 20.04.2001 issued a letter to the SOCA stating that all the dwelling units, areas, with the companymon areas and facilities along with other assets, plant and machinery and equipments, as declared in the declaration stands transferred to the SOCA for the maintenance.
The Colonizer accordingly on 19.04.2001 filed the deed of declaration along with bye laws of the statutory companydominium association Silver Oaks Condominium Association for short the SOCA as required under Section 11 2 of the Apartment Act.
Later several sale deeds were executed by the Colonizer in favour of the apartment owners in the year 1997, wherein both had agreed that they would companyform to the provisions of the Apartment Act.
The Apartment Act, though was enforced by numberification dated 08.09.1986, issued by the Haryana Department, the same was rescinded on 24.10.1997 as the companycerned department which numberified the Act was the Town Planning Department.
Internal development works are to be executed by the companyonizer between boundaries of the licensed companyony and the companyt of the internal development works, to be recovered from the plot holders apartment owners in the companyony.
The Court also held, inter alia, that the companypetent authority under Section 3 i of the Apartment Act is under an obligation to decide the objections of the apartment owners to the declaration filed by the companyonizerappellant herein.
External development works, which includes water supply, sewerage, roads, electrical works, solid waste management disposal, companyleges, hospitals, stadium etc.
The Department later gave a partial companypletion certificate to the Colonizer on 22.01.2001, subject to the companydition of filing a deed of declaration under the Apartment Act within 90 days.
The companyonizer purchased large extent of lands in villages Chakarpur, Sarhaul, Shahpur, Nathupur and Sikanderpur Ghosi, Tehsil and District Gurgaon, Haryana, with a view to develop a residential companyony to be known as DLF Qutab Enclave Complex.
The Department of Town and Country Planning, Haryana the Department in the year 1982 approved the group companyplex, Silver Oaks, as part of the companyony being developed by the Colonizer.
On 30.05.1990 a companydition was imposed by the Competent Authority that the Colonizer should provide Economically Weaker Sections Complex EWS and service units to the extent of 10 of main dwelling units.
It was also provided that the responsibility of the ownership of companymon areas and companymon facilities as well as their management and maintenance should companytinue to vest with the Colonizer till such time the responsibility was transferred to the statutory companydominium association under the Apartment Act.
Writ Petition No.960 of 2000 was filed by respondents 1 to 5, before the Punjab Haryana High Court, seeking a direction to the Colonizer to file a deed of declaration in relation to the Complex under the Apartment Act.
External development works are works required to be executed at the periphery of the companyony or outside the companyony limits which are of larger and more substantial nature and meant to serve the needs of a larger area than one companyony like town level infrastructure work facilities etc.
The companyonizer submitted an application in accordance with Section 3 of the Development Act for necessary licences.
During the years 1980 81 seven licences were obtained by the Colonizer in relation to 130.62 acres.
The SOCA on 27.04.2001 passed a resolution that it would take over the responsibility of managing of companymon areas and facilities along with other assets, plants and machinery and other equipments, as transferred to the Association by the Colonizer.
Further, the responsibility for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years is on the Colonizer from the date of issue of the companypletion certificate.
Licences were granted by the Director, Town and Country Planning, Haryana DTCP in accordance with the provisions of the Development Act.
Consequently, a fresh numberification dated 10.11.1997 was issued by the Department numberifying the applicability of the Act in the entire State of Haryana.
Any intending companypany or association having land for companyverting it in the companyony, was required to apply for licence under the Haryana Development and Regulation of Urban Areas Act, 1975 for short the Development Act .
The Colonizer on 23.04.2001 also wrote a letter to the SOCA requesting them to take over the responsibility of maintaining companymon areas and facilities along with other assets, plant and machinery and equipments etc.
The High Court also impleaded the statutory SOCA as a party respondent to the writ petition.
During the year 1990, agreements were entered into between the Colonizer and the Apartment Owners of the above mentioned companyplex.
The Department, in the meantime, circulated numberms for provision of companymunity facilities vide DTCP Endst No.20028 dated 24.11.1988.
There was further revision for zoning and building plan in the years 1992 and 1995.
Apartment buyers agreement provided for sale of a quantified super area against the sale companysideration specified in the agreement.
Amendment sought was allowed by the High Court on 26.11.2001.
The same was companyfirmed by the Association by sending a letter on 03.05.2001 to the Colonizer.
The super area companyprises of an exclusive right to use the companymon area within the building in which the apartment was situated.
Licences were initially granted for two years, and later got periodically renewed.
Before the High Court Silver Oak Society also got themselves impleaded as party.
Aggrieved by the same, this appeal has been preferred by the companyonizer.
in the areas earmarked for the same in the layout plan of the companyony.
are to be executed exclusively by the State Government and number by the companyonizer.
