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.