Supreme Court of India · 2013-12-10
Dlf Limited vs Manmohan Lowe & Ors
- Citation / case number
- AIR 2014 SC (SUPP) 1810
- Court
- Supreme Court of India
- Petitioner
- Dlf Limited
- Respondent
- Manmohan Lowe & Ors
- Author
- K.S. Radhakrishnan
- Bench
- A.K. Sikri, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court upheld the Punjab and Haryana High Court's decision that the declaration made by the colonizer under the Haryana Apartment Ownership Act, 1983 was invalid as it failed to include certain areas as 'common areas and facilities' as mandated by Section 3(f) of the Act. The Court emphasized that apartment owners are entitled to undivided interest in common areas under Section 6 of the Act and that the competent authority must address their objections. The appeal by the colonizer was dismissed, affirming the rights of the apartment owners.