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december 2013

Supreme Court of India · 2013-12-10

DLF LIMITED vs MANMOHAN LOWE .

Citation / case number
SC 2009/37763
Court
Supreme Court of India
Petitioner
DLF LIMITED
Respondent
MANMOHAN LOWE .
Author
A.K. SIKRI 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 DLF Limited's declaration 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). The Court emphasized that under Section 6 of the Apartment Act, apartment owners are entitled to undivided interest in common areas, and the competent authority must address their objections to the declaration. The appeal by DLF Limited was dismissed, affirming the rights of the apartment owners.

DLF LIMITED vs MANMOHAN LOWE . · Niyam